• Seton Hall University
• Policies and Procedures

Purpose

Seton Hall University ("Seton Hall" or the "University") accomplishes its mission of academic excellence through many avenues, one of which is the effective utilization of a knowledgeable, responsible and stable workforce. Under certain circumstances, and in order to achieve that goal, it may be necessary to eliminate positions, reorganize or restructure functions, or reduce the number of employees, through a "layoff."  The purpose of this policy is to provide uniform criteria and procedures to guide the fair and equitable treatment of all University employees in the event of a layoff.

Scope

This policy applies to all University employees, whether full-time or part-time, at-will, union members, administrators or staff members, but excluding faculty, professional librarians and individuals employed pursuant to an employment agreement. Employees whose positions are grant funded will be reviewed in accordance with the terms of the grants. Contractual obligations applying to the layoff of union employees are further detailed in the respective collective bargaining agreements.

Definitions

For purposes of this Policy, the definitions apply:

Comparable Position
A vacant position at the University for which the employee possesses the requisite skills and experience to perform the job, with or without a reasonable amount of training. A position will be considered comparable if the salary is at least 90% of the employee's current, full-time salary and the workweek for the position is 25 hours or more per week.

Layoff
The termination of the employment relationship due to a reduction in the workforce, elimination of position or a reorganization/restructuring of a work unit or position.

Notice Period
The period of time between written notification to the employee that he/she is being laid off and the last day of employment with the University. During this period, the employee is expected to perform his/her job duties in a satisfactory manner.  In lieu of notice, the University reserves the right to pay an employee his/her salary for the Notice Period.  Any misconduct by the employee occurring during the Notice Period may result in the forfeiture of any severance eligibility. 

Elimination of a Position
The discontinuation of a position in a department or work unit as a result of a removal of a function(s) or other factors, that makes a position(s) unnecessary.

Reduction in Force
Decrease in the number of employees as a result of factors which include, but are not limited to, changes in national and regional economies, external funding policies, lack of work and/or lack of funds.

Reorganize/Restructure
A significant modification to the position, operation or work unit for the purpose of making it more responsive to the business needs of the University.

Seniority
Seniority is the length of time an employee has worked for the University. It is calculated based on total continuous service, computed from the beginning of the current employment or re-employment date, including any approved leaves, up until the effective date of termination.  

Severance Pay
The monetary payment available to an eligible employee whose employment is terminated as a result of a layoff described herein and in accordance with the University Severance Policy. Such payment is subject to appropriate tax withholdings.  

Work Unit
For the purposes of this policy, a work unit is one or more departments, programs, schools or divisions. or other entities with similar functions and job descriptions. The University will determine and identify work units.

Policy

1. Seton Hall recognizes the value of its employees and views them, and their contributions, as assets. There are occasions, nonetheless, when circumstances require a reduction in staff, elimination of one or more positions, or reorganization/restructure of the workforce or a single position, collectively referred to as "layoffs."  These circumstances may arise from financial reasons, including revenue shortfalls, caused by events such as a natural disaster, pandemic and/or sudden, dramatic and unexpected conditions outside the control of Seton Hall University, the discontinuation or modification of a program or function, or a redefinition of the needs of the University, division, department or work unit.
    
2. The University shall determine when layoffs will occur and the division, department, work unit or position subject to a layoff.  The University's decision is not subject to review.
    
3. Selection of employees to be laid off shall be non-discriminatory and non-retaliatory.  Age, gender, disability and/or handicap, race, color, religion, national origin, nationality or ancestry, affectional or sexual orientation, gender identity and expression, pregnancy, veteran status or military service, marital status, domestic partnership or civil union status, status as a domestic violence victim, arrest status, AIDS and/or HIV status, atypical hereditary cellular or blood trait, genetic information, or membership in any other class protected by state or federal laws, shall not be considered in selecting an employee for a layoff or in implementing a layoff.
    
4. Employees subject to a layoff as described above may be eligible to receive severance pay in accordance with the University's Severance and Release Policy ("University Severance Policy").  Alternatively, and at the University's discretion, full-time employees may be offered a transfer to a comparable position, provided that a vacancy exists for which the individual is qualified. Any employee who declines such a transfer will not be eligible for severance under the University Severance Policy.
    
5. A part-time position, in which the employee regularly works less than 25 hours per week, is not benefits eligible. If a full-time position is restructured to a part-time position, meaning that the employee will regularly work less than 25 hours per week, the affected employee will be eligible to continue health benefits for a limited time period in accordance with the University Severance Policy. If an affected full-time employee declines to accept the part-time position, he/she will be laid-off and eligible for severance benefits under the University Severance Policy.
    
6. Layoffs of members of a collective bargaining unit shall be governed by the applicable       collective bargaining agreement.

Criteria

1. The operational needs of the University in fulfilling its mission shall always govern the selection of employees for layoffs.
    
2. The following additional criteria may apply in selecting employees for layoffs:
   a. Whether the responsibilities of one position can be consolidated with another position to provide enhanced efficiency.
   b. Whether the responsibilities of a position are determined to no longer be needed.
   c. The type of position occupied by the employee—full-time, part-time, seasonal or temporary.
   d. The level of position occupied by the employee, such as entry level, non-supervisory, position.
   e. The job function of the employees as the University may elect to layoff a category of employees based on their function or due to duplication.
   f. Employees' work history.
   g. The qualifications of the employee as each employee must possess the requisite minimum degree or certifications required for the job position.
   h. The employee's length of service or seniority should be considered but may be accorded less weight than the other criteria.
    
3. Decisions to offer a transfer to another position as the result of a layoff should be based on qualifications for the position, demonstrated ability, performance and/or productivity (including attendance). 

Procedures 

1. Human Resources will identify potentially affected employees in accordance with the above criteria.
    
2. Vice Presidents shall consult with appropriate supervisors within their division to further identify employees who are eligible for consideration for layoff, in accordance with the criteria, and also identify positions which may be restructured. Vice Presidents shall prepare a list of employees proposed for layoff within their division, specifying for each employee their job duties and justification for the recommended layoff.  In addition, Vice Presidents shall prepare a list of employees in the same job classifications not being considered for layoff with the same relevant information.  It is imperative that any discussions related thereto remain strictly confidential.
    
3. This information shall be submitted to an ad hoc committee comprised of the Associate Vice President for Human Resources ("AVPHR"), the Chief Equity, Diversity and Compliance Officer ("CEDCO"), the Chief Audit Executive and the Vice President for Finance.  The committee shall review the list of affected employees to ensure compliance with the established criteria and collective bargaining agreements, ensure non-discrimination and non-retaliation, and analyze the impact of each recommended layoff.  The committee may seek additional information and confer with the Vice Presidents, supervisors or other appropriate administrators as needed.
    
4. The recommendations by the Vice Presidents, as reviewed and revised, as applicable, by the ad hoc committee, shall be submitted by the AVPHR to the Executive Vice President for Operations who shall present it to the President and Executive Cabinet for review and final action.  Upon approval by the President, the approved layoffs will be implemented.
    
5. Affected employees will be provided with written notification of a layoff from the Department of Human Resources. The notification will include information such as the reason for the layoff and the effective date of the layoff.  

Resources

The following sites contain information that employees may find useful in transitioning out of the University. In addition, the Department of Human Resources is available to assist with any questions and may be contacted through the website below or by phone at (973) 761-9177. Union employees should contact their respective union representatives for information regarding any benefits provided by the union outside of the scope of their collective bargaining agreement. 

Human Resources
www.shu.edu/offices/human-resources-index.cfm

Seton Hall Employee Assistance Program
877-622-4327 
www.cigna.com. Employer ID: setonhall

Retirement information
https://www.tiaa.org/shu

NJ Unemployment information
https://myunemployment.nj.gov/before/about/howtoapply/applyonline.shtml

Related Policies

Severance and Release: https://www.shu.edu/policies/severance-release.html 

Responsible Offices

• Department of Human Resources
• Office of the President

Approval

Approved

This policy was approved by Monsignor Robert Sheeran, President, upon the recommendation of the Executive Cabinet on April 15, 2010.

First amended by Joseph E. Nyre, Ph.D., President, on the recommendation of the Executive Cabinet, on May 20, 2020.

Effective Date

April 15th, 2010

First Amended: May 20, 2020