Q. If we lay off an employee, are we required to recall the employee at a later time if we have work?
A. No. North Carolina law does not regulate layoffs and layoff recalls. However, if the company has a collective-bargaining agreement, there probably is a provision concerning recalls. Individual employment agreements generally do not have recall-from-layoff provisions—review them to make sure.
Although not regulated by North Carolina law, layoff and future recall decisions can lead to discrimination claims by employees. Thus, you should plan and implement them carefully.