8-30-322 - Layoff list Order of recall.
8-30-322. Layoff list Order of recall.
(a) (1) The names of all career employees affected by a reduction in force shall be placed on a layoff list maintained by the department. Employees whose names appear on the list shall have a priority right to transfer, promotion, or reappointment to the location or job classification held prior to any reduction in force.
(2) No vacant position may be filled from an appointment or promotional certificate of eligibles or from a transfer or reemployment list, until it is determined that the layoff list contains no names of employees who will accept a position in the job classification. The order of recall shall be:
(A) Transfer of employees who were required to bump to another location, if the employee so desires;
(B) Promotion of employees who were reduced in rank as a result of retreating; and
(C) Reappointment of employees who were placed in layoff status.
(b) The priority right to be recalled shall remain in effect until such time as the eligible:
(1) Refuses a bona fide offer of recall as defined in rules;
(2) Accepts a permanent full-time position in state government of comparable level to the position held prior to the reduction in force; or
(3) Two (2) years pass.
[Acts 1939, ch. 221, § 31; C. Supp. 1950, § 1034.53 (Williams, § 423.24ee); T.C.A. (orig. ed.), § 8-3222; Acts 1984, ch. 622, § 1; 1987, ch. 69, § 5.]