Question: We are reopening after business closure due to COVID-19. Can we bring some employees back, but not others?
Answer:
Yes. If you are recalling some positions, but not others, you should document the business reasons why only those positions were recalled. If you are recalling some employees in a certain position, but not everyone in that position, you should document the objective, job-related criteria you used to decide which employees to bring back. Seniority or previous job performance, for example, would be acceptable criteria and relatively easy to defend if you are ever challenged.
David Katz
Vice President
VMA Insurance Services
To send your questions, write to david@vma.bz