I have worked for a reputable Hospital in southern California for over 12 yrs. I was recently laid off. Found out that HR wants me to banned me to apply in the future with them and with any other entity.
Thank you in advance for your time.
Perhaps. Obviously, the big question is WHY are they banning you?
Robert D. Kane, Jr. Esq. Licensed in CALIFORNIA (based in City of Orange, Orange County;) and MINNESOTA (based in Eagan, Dakota County.) State and Federal Courts My answers are for general information only and not legal advice. My answers should not be relied on as specific legal advice. Much more information would most likely be needed for a legal opinion. My answers are based on Minnesota or California law as appropriate. I am only licensed in California and Minnesota. I provide legal advice and counsel during the course of an attorney-client relationship only. This relationship is established by a written agreement and a retainer (unless otherwise agreed upon.)
Unless the reason for that ban is your membership in a protected class of people or because you engaged in some form of legally-protected conduct, then yes, generally, a company can make the decision to never hire you again, and to put that decision into your permanent file.
However there is relatively new case law that says a company cannot enforce an agreement with the employee that they would not seek rehire in other future related entities where that is likely to prohibit the employee for gaining lawful employment in their field of work, so that might be an exception if your employer and its related present and future entities would represent a quite large footprint in the industry in which you would seek work.
Locate and consult with an employment law attorney if you are dealing with this kind of thing.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
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