SAMPLE NOTICE 1
(NO OPTIONS TO LAYOFF)

State of California
MEMORANDUM

TO: John B. Goode
Tapestry Historian

FROM: Jane Smith Personnel Office Department of Tapestry

SUBJECT: Notice of Layoff

DATE: May 2, 2008

The Department of Tapestry and other General Fund departments have been directed to reduce their number of positions by 15% for the 2008-2009 Fiscal Year.

We have exhausted all options to layoffs, including abolishing vacant positions and placing employees in the State Restriction of Appointments Program. Unfortunately, we have only eliminated 9% of our positions, and will have to layoff the incumbents of an additional 20 positions to meet the 15% goal.

Four employees will be laid off from your class of Tapestry Historian effective July 1, 2008. There are 10 incumbents in the class and all 10 positions are located in Sacramento. There are no classes in the demotional path of the Tapestry Historian for incumbents to demote to, nor are there vacant Tapestry Historian positions to transfer to. Your seniority score through May 2, 2008 is 27 which ranks ninth among the 10 incumbents of the Tapestry Historian class. You have no personal demotional rights; therefore, it will be necessary to lay you off, effective July 1, 2008. You have the right to see the entire seniority list that is on file in the Personnel Office located at 625 Sunrise Boulevard, Room 1225, Rancho Cordova, during the normal business hours of 8 a.m. to 5 p.m., Monday through Friday.

Attached to this Notice is Department of Personnel Administration Form DPA-015. You should not complete Parts I and II of the form, because there are no demotions in-lieu-of layoff or transfers in-lieu-of layoff that are available to you. You should complete Parts III and IV. In Part III, you should indicate whether you intend to be laid off effective July 1, 2008, or have identified another personal option, such as retirement. In Part IV, you should indicate the type of appointments, time bases, and locations you would be interested in once your name is placed on a reemployment list. Names are retained on reemployment lists for five years. In Part IV, you may also indicate that you wish to be placed on the inactive reemployment list if you are not going to be interested in employment immediately after the layoff. You may change that status at any time by writing to the State Personnel Board. You should then sign the form, insert your current mailing address and telephone number, and return the original of the form to the Personnel Office no later than May 12, 2008. You should retain a copy of the form for your records and use.
 
Once you are laid off, you are eligible for Unemployment Insurance (UI). You should access the Employment Development Department (EDD) website to identify how to apply for UI. If you intend to choose an earlier layoff date (Part III of the Form DPA-015), contact the EDD Office BEFORE YOU MAKE THE DECISION to see if it will impact your benefits.
You can continue health, dental, and vision coverage for yourself and your dependents for up to 18 months after layoff by applying for COBRA continuation coverage. COBRA is the abbreviation for Consolidated Omnibus Budget Reconciliation Act, the federal law that allows individuals to continue participation in their employer’s group plan if they are laid off.

You will receive a check for unused vacation or annual leave and compensating time off to which you are entitled when you are laid off. Any sick leave will remain and be credited to you if you return to State service while you are still on a reemployment list.

You may appeal this notice as provided by DPA Rule 599.904, unless otherwise provided by your collective bargaining agreement.

If you have any questions, please contact [Contact Name], at telephone number [Phone
Number].

Signature
Title
Date

Attachment

NOTES:
SEND THIS NOTICE TO THE EMPLOYEE VIA CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED. PROOF OF SERVICE SHOULD BE COMPLETED.