Temps over laid off employees - Wisconsin

[SCA128]

Quick question for the experts -

We've laid off quite a few production employees this year, all of whom have been called back within the past few weeks except for two. We are now in need of these two employees, but they weren't that strong to begin with and would rather go with temps instead. One employee was let go 6 months ago, I'm not so worried about hiring a temp over him. The other women was just laid off about a month ago. She has been with the company for five years and has had numerous disciplinary issues, but she knows how to play the system and has never been terminated. Nonetheless, we'd like to go a different direction, with a temp, rather than bring her back. We have sufficient documentation detailing her problems over the past few years, but I'm still nervous about bringing in a temp instead of her since she has only been laid off a month. What do you think?

Thank you in advance.

[Pattymd]

Unless there is a union contract or other agreement that confers "first recall" rights to ex-employees, I don't see any problem with selecting the workers that best fit your needs.

[SCA128]

Ok, thank you.

No - no union affiliation and no agreements on any recall rights.

[DAW]

While I agree with what was said, the disaffected employee can always claim different reasons for your decision, say Title VII reasons. I am not saying to not take the action, but I am saying that there is some advantage to documenting the actual business reasons for making the decision prior to making the decision. The same thing can be said for having two employees, one of whom gets promoted or termed, and the other does not. A "valid documented business reason for the decision" is not a perfect defense but it is a good starting point.