Does seniority matter in layoffs?

Asked by: Timothy Nitzsche DVM  |  Last update: August 11, 2025
Score: 4.3/5 (49 votes)

Normally, layoffs are in seniority order regardless of time base; that is, the least senior employees, regardless of whether they are part time, intermittent, or full time, are laid off first.

What is the seniority rule for layoffs?

Order of Layoff

Employees with less seniority are laid off before more senior employees in their class. All employees in temporary or limited term positions in the class affected by layoff must be laid off before any permanent or probationary state civil service employee is laid off (DPA Rule 599.843).

Who goes first during layoffs?

The last employees to be hired become the first people to be let go. This makes sense logically. If they were recently hired, they probably haven't become as strong of organizational assets yet.

Should layoffs be based on seniority?

The U.S. Supreme Court has found that seniority may qualify as a reasonable factor other than age (even though the two are often closely aligned). In your situation, it sounds like your employer has clearly defined the criteria it will use to select employees for layoff.

Who is most prone to layoffs?

Professional and business services has the highest average layoffs per year, and mining and logging has the lowest.

Mass Layoffs Keep Getting Out of Control.... What is happening ?

25 related questions found

What jobs get laid off first?

However, patterns emerging during layoffs earlier this year show that non-essential departments, meaning those that don't contribute to the core functionality of the business, are the ones that often see cuts first.

Who gets laid off first in a recession?

Particularly hard hit by the downturns of the last three decades was the manufacturing sector, which accounted for 90 percent of all job losses. These employment re- ductions were concentrated largely in the durable goods industries and almost exclusively among production workers.

Why do older employees get laid off?

Subtle ways employers try to get rid of older employees

Many employers favor younger workers due to misconceptions and biases against older individuals, alongside concerns over costs. Some believe older employees struggle with new technology, demand higher wages and suffer from poorer health.

How do managers decide who to lay off?

Some ways to help the decision-making process include: Letting go of your most recent hires. Looking over your past employee assessments and employee reviews. Ranking employees and identifying which are the most valuable based on their skills, productivity, and past-accomplishments.

Should seniority matter at work?

While seniority and performance may not matter equally at most workplaces, they are equally important as desirable employee traits. Seniority depicts stability and consistency, while performance showcases a passion for work. Businesses perform their best when they have a mix of employees with either trait.

What not to do during layoffs?

  • DON'T: Lay the blame on others for the decision.
  • DON'T: Allow the layoff to sound up as if it is for discussion.
  • DON'T: Provide the employee any promises you cannot keep.
  • DON'T: Pressure the employee to sign anything they're not ready to sign.
  • DON'T: Lay off employees the week before a holiday break if avoidable.

What month do most layoffs occur?

Layoffs can occur at any time, but as far as when tech layoffs most often occur, January and December are well-known for job losses as employers are reviewing their budgets during that time of year. Here are some ways to find out if your company is preparing for layoffs.

Do good employees get laid off?

it's very hard to get fired if you are just in the Top 50% and aren't a threat to your boss' bonus. Layoffs in BigCos happen all the time, but in reality, the folks impacted are the ones who are ranked in the bottom 5%-20% of the team.

What is the 10% layoff rule?

The "top 20" percent of the workforce is most productive, and 70% (the "vital 70") work adequately. The other 10% ("bottom 10") are nonproducers and should be fired.

What is the warn rule for layoffs?

The WARN Act requires employers to give 60-days' notice before a mass layoff, plant closure, or relocation. Employers must notify employees and both state and local representatives. This helps workers prepare for job loss, find new jobs, or train for new opportunities.

What are seniority rights?

A seniority-based right or benefit is one that accrues with, or is determined by, longevity in employment.

Who typically gets laid off first?

Patterns emerged during mass layoffs in 2023, showing that the departments deemed non-essential or that do not directly contribute to the core functions of the business are often the first to see cuts. It isn't about who necessarily, but what they offer to the company when pressed to make hard economic decisions.

How can I be a good manager during layoffs?

Be Transparent and Honest: Communicate openly about the reasons for the layoffs, the company's financial situation, and the necessity for the decision. Transparency can help build trust, even in difficult times. Customize Communications: Recognize that each employee is unique, and they might react differently.

Who chooses layoffs?

However, human resources (HR) professionals often play a key role in the decision-making process. HR professionals can provide data and analysis to help management make informed decisions. They can also help to ensure that the layoff process is fair and equitable.

What is the rule of 70 for layoffs?

In the United States, the "Rule of 70" for severance is a simple way to determine if an employee is eligible for retirement-related. If the sum of the employee's years of service and age is 70 or more, you can combine retirement benefits as severance pay.

Does age matter in a severance package?

Consult with a labor law attorney before signing a severance agreement. Employers who offer a severance agreement to induce you to waive your rights must follow special rules if you are over the age of 40. Federal law requires these severance agreements to be clearly written and explicit.

Why do new hires get paid more than older employees?

To attract top talent, employers often pay new hires more than they pay existing employees in equivalent roles. This isn't new. But today, regulatory changes and technological advances have dramatically increased pay transparency in many sectors, making employees more aware of these pay disparities.

How to tell if a layoff is coming?

11 Signs That Layoffs Are Coming to Your Company
  • Less work. ...
  • Budget reductions. ...
  • New management or leadership changes. ...
  • Reorganization announcements. ...
  • Hiring freeze or reduced hiring plans. ...
  • Earnings reports. ...
  • Debt and cash flow issues. ...
  • Frequent meetingsor sudden communication from leadership.

Who is safest during a recession?

A few roles you might look for include:
  • Financial controller.
  • Financial advisor.
  • Tax accountant.
  • Bookkeeper.
  • Loan officer.
  • Financial analyst.

What day do layoffs usually happen?

Layoffs are often on Friday or Monday.