Does a company has a right to keep files (black List) of unwanted employees were dismissed for what ever length??

Asked over 1 year ago - Oakland, CA

A person was fire from the post do to unrelated task of a job. Money was missing from the Till...they ask if...what were the view of someone was stealing the money. If so. what police will be called. No police report even thou the amount was 400 dollar. Kept the person for 4 hours plus interrogating. The person Never found out what really happen with the money. Later found out that such company keeps a list of do not hire. The company lost a case do to violation of ADA a year ago.

Attorney answers (3)

  1. Barbara Emily Cowin Figari

    Contributor Level 6

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    Answered . An employer may keep lists of individuals who are ineligible for rehire, so long as the reason they are ineligible for rehire is not discriminatory. However, if an employer refuses to hire individuals it reasonably believes engaged in theft, that is their right to do so.

  2. Neil Pedersen

    Contributor Level 20

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    Lawyers agree

    1

    Answered . Of course an employer can keep a list of employees it would never hire again. If you ran a business wouldn't you want a quick list to compare future applications to so as to determine if you already dealt with that employee? Not only is it not unlawful, it is a good, prudent business practice.

    That does not mean an employer can put someone on the list simply because they are a member of a protected class of people or because they had engaged in protected conduct. However, anyone could be put on that list for any other reason, or even for no reason at all, or even an erroneous reason, and the employer is acting lawfully.

    The last sentence of your post makes no sense and appears out of context. However, if what you are saying is that the person was placed on the list because they successfully prosecuted their rights under the ADA, then that would be unlawful. Given the loss of money, good luck proving that was the reason the name got on the list.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Scott P. Batey

    Pro

    Contributor Level 9

    3

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    Answered . Yes, as long as the basis for that person being on the list is not discrimnatory.

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