Denied rehire eligibility

Asked over 1 year ago - Van Nuys, CA

i was a contractor w/ Bank of America. I gave my 2 week notice on the account that i was offered a permanent position with Bank of America. This was the only reason why my contract was not renewed for my current position at that time to my knowledge. During the investigation process i was denied due to the investigator not being able to contact my previous employer. During the 16 months i was a contractor, i never received poor performance reviews. I found that i was ineligible for rehire after recently being submitted for another position with Bank of America. I contacted both my staffing agent and previous Bank of America manager and neither knew why i was put on the ineligible list. Is there anything i can do about being denied for work for no apparent reason?

Attorney answers (2)

  1. Brad S Kane


    Contributor Level 18


    Lawyers agree


    Answered . I agree with my colleague's excellent answer that you may have claims if Bank of America induced you to resign from an existing job based upon false promises.

    Unfortunately, if Bank of America is simply refusing to rehire you do to some clerical error on Bank of America's part that does not appear to violate the law.

    In California, an employer can refuse to rehire you for any reason or no reason, except a protected reason. Prohibited reasons include discrimination based upon race, religion, gender, sexual orientation, military service, disability, etc.

    You may wish to immediately apply for unemployment benefits based upon the unusual fact situation.

    Title 22, Section 1256-19(c) provides:

    An individual who leaves work to accept other work has good cause for leaving the work if there was a definite assurance of employment in another substantially better job which is at least as permanent as the job the individual leaves, or if other circumstances establish that a reasonable person genuinely desirous of retaining employment would have left to accept the other work.

    Thus, the elements that must be satisfied are:

    Definiteness: A definite assurance of employment, and

    Betterment: A substantially better job, and

    Permanence: A job as permanent as the job the claimant left, or

    Reasonableness: Whether a reasonable person genuinely desirous of

    retaining employment would have left to accept the

    offered employment.

    The interviewer should also note that good cause for leaving may or may not be negated by the subsequent action of the claimant.

  2. Nicholas Basil Spirtos

    Contributor Level 20


    Lawyers agree


    Answered . An employer does not have to offer you a job. But, if you were induced to quit as a contractor on the promise that you would be offered a permanent position, or if the reason you were not offered the job was based on some protected class, such as race, gender, sexual orientation, age, religion, etc. then you may have some claims.
    You should ask this under the employment law heading and contact an employment law attorney for a consultation.

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