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| *Ostroff, Fair and Company>>>Law & Legal |
Is "not eligible for rehire" status legal? |
I worked for a wonderful company for 6 years and had great relationships with EVERY person I worked with (no exaggeration). After some personal problems where EAP was involved, I was finally let go for excessive absences. About 4 years after the incident, I attempted to reapply with a recommendation from the company's TOP PRODUCER. They would still not hire me because my file listed me as "ineligible for rehire". I was in a management/leadership position, had just been promoted and never put anybody at work in any kind of danger...it was simply an attendance issue. Is it legal for them to label my file "not eligible for rehire"? It is legal for a company to place a rehiring status on an employee's file. If you had excessive absences, the company may have needed to scramble in order to cover your responsibilities. Your absences created difficulties. Clients and customers could have suffered. You were in a management position, so it probably was not easy for the company to shift your workload to others. 4 years have passed. You have the recommendation of the company's top producer. I would suggest that you write a letter to the director of human resources, and copy the company president. In your letter explain why you had excessive absences 4 years ago. Explain it will no longer be a problem when you are rehired, and give reasons why the problem no longer exists. Explain that you very much wish to return to work for the company, and enjoyed your experience in the past. Point out reasons why you would be an asset to their operation. Highlight the skills and knowledge you would bring. Concede that the absences were a burden to the company at the time, but you know you can make a viable contribution and would like another chance to prove yourself. If you want the job, don't give up. As a manager, or former manager, you should show respect for their company policy. Your goal should be to change one little mark on your employment file from "Status: ineligible for rehire", to "Status: active employee, rehired". Work through the proper channels. Be persistant. Show that hiring you is to their benefit. Good Luck. http://www.medhunters.com/articles/dearc... http://articles.techrepublic.com.com/510... If I was the employer and had to choose between a person who had excessive absences, or someone new, I'd go for the new person. If you have a lot of absences, how does your work get done, how does the company know they can rely on you to get the job done?? Yes, they can legally put not eligible for rehire on your file. Since it's listed at the company that fired you, it's legal. Maybe a suit could come from not goign into detail on way you were fired, or ruining your rep. It doesn't matter whether it is legal or not. You are asking a company who you used to work for and was terminated for excessive absences to reconsider hiring you years later. There is nothing that anyone can do to make them even consider re-hiring you. That is their choice. It's nice that their top producer is willing to recommend you but, again, it is up to them. Yes, it is. The employer has no obligation to rehire an employee who was dismissed for any reason. Sorry..... Yes, it is legal. There is no legal requirement that a company rehire a former employee. It does not matter if the employee was terminated by the company or if the employee quit. No rehire is policy that many companies follow. Of course it's legal. Why the hell wouldn't it be? Any company can hire or not hire as they choose. |
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