Retrenchment Questions and Answers. 10-24-95 (Revised 10/7/02 & 10/01/04)

(Supplemental to Policy Letter of March 21, 1994 and Sample Retrenchment Letter of April 27, 1994) 

1.  Where is the Staff Retrenchment Policy? 

It is printed in the staff handbook, page 12.  In addition, the policy was sent out March 21, 1994 to all Benefited Staff Employees. 

2.  Are initial probationary employees included in the policy for re-employment rights? 

No, initial probationary staff are excluded. Only status staff employees are covered. 

3.  Are retrenched employees eligible to receive unemployment insurance benefits? 

The Wyoming Unemployment Insurance Department makes that decision upon receiving a claim; however, most retrenched employees will be eligible. 

4.  Who pays for unemployment insurance claims by former UW employees? 

The University of Wyoming is a reimbursable employer and is billed quarterly for 100% of all claims by former employees, and is charged to the appropriate benefits accounts (e.g. instruction, research, academic support, student services, institutional support, etc.). 

5.  Do status staff employees have re-employment benefits regardless of funding source? 

Yes. 

6.  Whose responsibility is it to request re-employment rights? 

The retrenched employee. In addition, they must keep the Human Resources Department current on address changes. 

7.  Do long term UW staff employees have immunity to retrenchment? 

No, all employees regardless of anniversary date, are subject to retrenchment. 

8. Who has authority to approve the retrenchment of a position? 

The cognizant vice president or the president of UW. 

9.   How much advance notice should an employee receive for retrenchment? 

"As much advanced notice as possible." There is no specified time period. 

10.  Does a retrenched employee have the right to take annual leave in a terminal mode, or must they receive a lump sum payment?

Either, at the option of the employee, or even a combination of both. 

11.  Can a retrenched benefited staff employee receive tuition waivers? 

Yes, 3 credits per semester if full-time and 1.5 credits per semester if part-time for up to 24 months following retrenchment. 

12.  Can an employee on leave be retrenched? 

Yes, the criteria and procedure is the same as for an employee not on leave. 

13.  If an employee is involuntarily reduced in hours, months or percent time, can they claim re-employment rights (e.g. full time to part time)? 

Yes. 

14. Can a rehired employee who was retrenched be required to serve another probationary period in their new position? 

Yes, unless reinstated to their former position.

15. Can a retrenched employee have copies of their resume made by Human 
Resources at no cost to the employee? 

Yes. 

16.  Do retrenched UW employees have priority for Wyoming State openings? 

No. 

17.  What happens if a retrenched employee is not rehired within 24 months of separation. 

They lose all retrenchment benefits and, if hired by UW, are treated as a new employee. 

18.  Can a retrenched employee continue their health insurance at their own expense? 

Yes, for up to 18 months, under COBRA, and longer under certain circumstances.  In addition UW will continue to make the employer contribution for up to six months following retrenchment with certain restrictions.

19.  Can retrenched employees receive priority consideration for any staff position vacancy? 

No, only those for which they can demonstrate meeting the minimum qualifications. 

20.  What happens if the retrenched position is re-established within 24 months. 

The status retrenched employee who formerly held that position must be offered the position; that is, they will be recalled through the reinstatement provision. 

21.  What happens if a retrenched employee's position is re-established within 24 months and the retrenched employee refuses the recall offer to be reinstated?

The retrenched employee's retrenchments rights will be immediately forfeited.

22.  Is there a sample letter for retrenching employees? 

Yes, contact the Human Resources Director at extension 2215. 

23.  Do layoffs of 40 hours, or less, duration constitute retrenchment? 

No.