ASA Central Network

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  • 1.  Rehire criteria

    Posted 10-04-2021 18:37
    Just curious if anyone would be willing to share their criteria/threshold for when you consider a temporary employee to be a rehire? For instance, if there is a gap of one week in between assignments, do you terminate them and then rehire them (re-onboard, I-9 section 3, etc.), or do you consider it continuous employment? And as a follow up, how much time do you allow between assignments before you no longer consider it continuous employment? 

    Thanks!

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    Michelle Holbein
    Portland OR
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  • 2.  RE: Rehire criteria

    2020 Staffing World Attendee
    Posted 10-05-2021 08:01
    Good Morning Michelle - 

    We have it in our policies that 45 days of no contact constitutes an inactive file. Further more, we also have it in our policies that an employee check in to our agency stating their availability with regular cadence (weekly, etc.) to remain active. I'm not familiar with OR unemployment, but we have them sign of on this at the end of every assignment ending. Requiring them to check in and them agreeing to the terms of "maintaining availability" helps on the unemployment front. In this market, we've been ghosted after assignments end and this has saved us. 

    I hope this helps.

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    ​Isaac Kelly, CHRA, CSP, CSC
    Vice President
    Augusta Staffing Associates
    P: 706.860.8909
    M: 706.951.7163
    isaac@augustastaffing.com
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  • 3.  RE: Rehire criteria

    Posted 10-05-2021 09:14
    Michelle,
    We also have our temps call in once an assignment is finished for new placement, our policy states that they must call daily in the mornings until a new assignment is found for them. We log every person that has called in for work that day. We have them sign off on this policy in the hiring and orientation process. If they haven't made contact after 3 months we consider them voluntary quit. We have found that with MO unemployment having them sign off on this has helped us fight their unemployment claims that they "didn't quit they didn't have work for me." Hope this helps!

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    [Tracy] [Tarpley]
    [District Manager]
    [Productive Staffing LLC]
    [Poplar Bluff] [MO]
    [573-785-4114]
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  • 4.  RE: Rehire criteria

    2020 Staffing World Presenter
    Posted 10-05-2021 09:28
    Hi Michelle - 
    For compliance, we have a variety of processes built into our reactivate process.   For example, we offer the ACA medical benefits after a 30 day break in employment and require a new contract of hire but do not complete the I-9 every time.  We do only the paperwork that we need to based on the time that the employee is gone.  Typically our I-9's are good for the employee as long as the ID expiration date is not passed and it has been less than a year since the employee filled out the form.  We treat all employees who have a year or more break in service as a new employee for the onboarding paperwork.  

    For time between assignments, we have some unemployment legislation in Wisconsin that allows us up to14 days to put a person back to work and not have to meet prevailing wage.  So two weeks is our threshold for that.  I'd consult experts in UI in your market to determine that since we work in Minnesota as well and they have different return to work requirements and policies.  We have different forms for employees to sign in each market.  

    Hope that helps!

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    Sara Luchsinger
    Vice President of Organizational Development
    SEEK Careers / Staffing Inc.
    Grafton WI
    (262) 377-8888
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  • 5.  RE: Rehire criteria

    Posted 10-05-2021 09:44
    Michelle, it looks like you are getting some great advice!  We too have some of the same SOP's in place.  We have it in our handbook, that each candidate signed upon meeting with the recruiter, which states when they are NOT on an assignment, that they must check in with us weekly to maintain "active" registration with our agency.  This lets us know if they are still looking for employment.  If we don't hear from them for a few weeks, 30- days tops, we deactivate their file.  If they do happen to call after that to check-in, we look at their history while they were working.  For instance, no absenteeism was they communicative, etc.  From that, we determine if they are rehireable or not.  Having those few things in place does cut down on unemployment cases.

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    Stacy Casaz CSP, CSC
    Staffing Manager
    Neese Personnel
    Oklahoma City OK
    405-517-0630
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  • 6.  RE: Rehire criteria

    Posted 10-05-2021 09:45
    Edited by Jamie Stafford 10-05-2021 09:53
      |   view attached

    Hi Michelle,

    You asked specifically about section 3 of the I-9: in considering someone as a "rehire" for I-9 purposes, they must be someone that was terminated/was ineligible for job placement. If it is someone that separated voluntarily, or simply has a gap between assignments, you are not rehiring them. I attached a flow chart that we created years ago and continue to use. You are required to retain I-9s for three years from the separation date, if you rehire OR hire an employee after that 3 year gap and no longer have the I-9, you would use a new I-9. Everify has its own set of rules.

    Another reason we measure gaps in employment is for our ACA plans; after a 13 week gap, employees must be offered coverage again. Unless this has changed... this is what we learned way back in 2014, and we continue to handle it this way.

    Generally, if an employee has more than a 6 week gap in employment, we ask them to verify that they do not want to change their tax filings and pay method (we do direct deposit or paycard). We do not require a new application and handbook/policy acknowledgement until they have a 12 month gap because we retain applications for a minimum of a year (if they do not work) and three years if they do work.

    In summary, the only things that have "rehire" rules are the I-9 and insurance, the rest of the paperwork is what we determined to be best practice for us and our workload.

    Make sure you are also familiar with retention rules for every document the employee completes. ICE does go after staffing agencies, so you want to make sure you do not complete a 2nd I-9 or Section 3 when it is unnecessary, that you only have one on file per employee, and that it is retained for 3 years after separation.

    Best,

    Jamie



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    Jamie Stafford CSP
    Risk Manager
    Key Staffing
    Topeka KS
    (785) 272-9999
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    Attachment(s)

    pdf
    I-9 Flow Chart.pdf   95 KB 1 version
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  • 7.  RE: Rehire criteria

    Posted 10-06-2021 15:36
    Thanks, all, for your input! Much appreciated.

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    Michelle Holbein
    Payroll Manager
    Portland OR
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