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Denied rehire eligibility

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

Posted

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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Posted

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.

http://www.edd.ca.gov/Unemployment/Filing_a_Claim.htm

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.

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_365.htm

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Asker

Posted

I did only leave as a contractor because i was offered a permanent position. I believe the woman who was in charge of the investigation process did not complete her process. She told me that she had to contact my previous employer to verify my previous employment. She left a him a message, but because she is located in a state 3 hours ahead of CA time, when he returned her phone call she was unavailable. The next day i received notice that i did not pass the investigation because she did not verify previous employment. By this time, i had already given my two weeks notice. Is this my fault or did the investigator not do her due diligence in investigating what was necessary for my employment?

Brad S Kane

Brad S Kane

Posted

You should make the argument outlined above and let the administrative law judge decide whether you qualify for unemployment benefits. While it would have been better to wait until the hiring process was complete before giving your two week notice, the fact you already worked for the company was a very strong indication that you would pass the investigation process.

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