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The checklist also addresses employees refusing to return, proper documentation for unemployment and PPP forgiveness reporting, and guidance on background checks, substance testing, and reaffirming relevant agreements, including break-in-service considerations.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/template/","Template",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/template/forms/","Forms",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/template/bringing-employees-back-checklist-issues-to-consider-when-rehiring-laid-off-employees/277649/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/bringing-employees-back-checklist-issues-to-consider-when-rehiring-laid-off-employees/277649.png","ImageObject",442,249,{"name":42,"@type":43},"Eliana","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/pdf","2026-11-03","2026-09-15",true,{"@type":52,"interactionType":53,"userInteractionCount":55},"InteractionCounter",{"@type":54},"ViewAction",8,{"@type":57,"mainEntity":58},"FAQPage",[59,65,69],{"name":60,"@type":61,"acceptedAnswer":62},"How should employers decide who to recall when rehiring laid off employees?","Question",{"text":63,"@type":64},"Employers should recall employees using legitimate business factors and a sound, documented process designed to avoid disparate treatment and disparate impact. Bargaining unit recalls may be governed by the collective bargaining agreement.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"What should a return to work letter include?",{"text":68,"@type":64},"The letter should memorialize key terms like any changes to schedules or compensation, revised leave policies, and COVID-19 related procedures. It should also include notice of employee obligations under relevant covenants such as noncompetes and confidentiality, where applicable.",{"name":70,"@type":61,"acceptedAnswer":71},"What guidance is provided for employees who refuse to return to work?",{"text":72,"@type":64},"Employers should remind employees that unemployment benefits are contingent on no work being available, so refusal may affect benefits. State rules vary, and employers should document refusals and reasons for submissions to unemployment authorities; PPP forgiveness may be affected based on required reporting.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},277649,1790987414,{"code":4,"msg":82,"data":83},"success",[84,89,94,99,104,109,113,118,123],{"id":85,"doc_module":22,"doc_module_name":25,"category_name":86,"show_sort_weight":87,"slug":88},11,"Presentations",90,"presentations",{"id":90,"doc_module":22,"doc_module_name":25,"category_name":91,"show_sort_weight":92,"slug":93},12,"Resumes",80,"resumes",{"id":95,"doc_module":22,"doc_module_name":25,"category_name":96,"show_sort_weight":97,"slug":98},14,"Invoices",70,"invoices",{"id":100,"doc_module":22,"doc_module_name":25,"category_name":101,"show_sort_weight":102,"slug":103},15,"Posters",60,"posters",{"id":105,"doc_module":22,"doc_module_name":25,"category_name":106,"show_sort_weight":107,"slug":108},16,"Social Media",50,"social-media",{"id":110,"doc_module":22,"doc_module_name":25,"category_name":29,"show_sort_weight":111,"slug":112},17,40,"forms",{"id":114,"doc_module":22,"doc_module_name":25,"category_name":115,"show_sort_weight":116,"slug":117},18,"Letters",30,"letters",{"id":119,"doc_module":22,"doc_module_name":25,"category_name":120,"show_sort_weight":121,"slug":122},21,"Paper Templates",5,"papers-templates",{"id":124,"doc_module":22,"doc_module_name":25,"category_name":125,"show_sort_weight":4,"slug":126},158,"General","general-158",{"code":4,"msg":82,"data":128},{"doc_id":79,"user_id":129,"nickname":42,"user_avatar":130,"doc_module":22,"category_id":110,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":30,"language":136,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":12,"update_tm":140,"read_time":22},4398048949847,"https://ap-avatar.wpscdn.com/avatar/400002536579ef2da7f?_k=1778318612642679267","Checklist: Issues to Consider When Bringing Back Laid Off Employees  \nIn the midst of the COVID-19 pandemic, many employers laid off employees with the hope of rehiring them once business resumed. As employers begin preparations for reopening in-person workplace operations, a number of previously terminated employees may be brought back to the same or similar positions. There are various factors that employers should consider when rehiring employees. The following checklist provides a guide to these issues. Please note that the same issues may not be applicable for furloughed workers who remained employed during the furlough period.  \nFor additional guidance on reopening the workplace, refer to Ballard Spahr’s Employer Guidelines: Reopening the Workplace (here) and Checklist: Reopening the Workplace in Light of the COVID-19 Pandemic (here). In addition, you can view our two-part webinar series on reopening available in the Ballard Spahr COVID-19 Resource Center (here).  \n􀂅 Rehiring Plan – Employers may not be able or willing to rehire every employee laid off as a result of the pandemic. Decisions about who to recall and who not to recall should be made carefully, as an employee who is not recalled could attempt to challenge the decision as discriminatory. Employers should approach the recall process in much the same way they would approach a reduction-in-force selection process, based on legitimate business factors anda sound, documented process that is designed to avoid both disparate treatment and disparate impact based on protected characteristics. Of course, recalls of bargaining unit employees may be governed by the collective bargaining agreement.  \n􀂅 Return to Work Letter – Employers should treat the rehiring process just as they would any other formal offer of employment and memorialize the key terms of employment in written documentation to prevent potential misunderstandings down the road. Return to work letters should include any changes to schedules or compensation, as well as information about revised employee leave policies or new policies or procedures employers will implement to address COVID-19 concerns. In jurisdictions with laws mandating written notice of compensation terms, the letters should comply with the content and timing requirements of those laws. As discussed in more detail below, the return to work letters should include a notice about the employee’s obligations under relevant covenants, such as noncompetes and confidentiality.  \n􀂅 Employees Refusing to Return – For various reasons, employees may opt not to accept the employer’s offer to return to work. In response, employers should remind employees that unemployment benefits are contingent upon no work being available—therefore, failure to return to work may result in termination of unemployment benefits. State unemployment laws vary, and many states may be willing to excuse a refusal to return to work for reasons related to COVID-19, such as lack of child care, and allow continued receipt of benefits.  \n􀂅 Document Any Refusals to Return and the Reasons Provided – Employees may decline an offer to return to work for any number of reasons or for no reason at all. Some may simply not respond. Employers should make sure to accurately document all refusals and the reasons employees provide. This documentation may be needed to confirm submissions to state unemployment compensation bureaus. In addition, for Paycheck Protection Program (PPP)  \nrecipients, regulations issued by the Small Business Administration (SBA) provide that a borrower’s forgiveness amount will not be reduced if a laid off employee refuses a written rehire offer (at the same pay and number of hours) and that refusal is reported to state unemployment authorities. Alternatively, employees may be willing to return to work but are unable to do so due to illness, lack of child care, or other reasons that render them eligible for leave under the FMLA, FFCRA, or state or local leave laws. ","cbCaivREjLg4vtWP","https://ap.wps.com/l/cbCaivREjLg4vtWP","pdf",259612,"English","# Rehiring Plan\n# Return to Work Letter\n# Employees Refusing to Return\n# Document Refusals and Reasons\n# Background Checks, Substance Abuse Testing, or Other Screening\n# Reaffirm Applicable Agreements\n# Break-In-Service Issues","[{\"question\":\"How should employers decide who to recall when rehiring laid off employees?\",\"answer\":\"Employers should recall employees using legitimate business factors and a sound, documented process designed to avoid disparate treatment and disparate impact. Bargaining unit recalls may be governed by the collective bargaining agreement.\"},{\"question\":\"What should a return to work letter include?\",\"answer\":\"The letter should memorialize key terms like any changes to schedules or compensation, revised leave policies, and COVID-19 related procedures. It should also include notice of employee obligations under relevant covenants such as noncompetes and confidentiality, where applicable.\"},{\"question\":\"What guidance is provided for employees who refuse to return to work?\",\"answer\":\"Employers should remind employees that unemployment benefits are contingent on no work being available, so refusal may affect benefits. State rules vary, and employers should document refusals and reasons for submissions to unemployment authorities; PPP forgiveness may be affected based on required reporting.\"}]","Bringing Employees Back Checklist - Issues to Consider When Rehiring Laid Off Employees | PDF",1789502624]