Employer terminated me with a severance agreement, which includes no eeoc complaint. Nothing mentioned about rehire in severance. I was allowed unemployment. The employer continuously harassed and discriminated (race and sex). I applied for job afterwards of the severance agreement and my application was reviewed and the job was filled by a supposed better candidate, however for the position in question they never stop hiring, due to a high turnover and inability to get enough employees, due to type of work. The employer says i was fired for insubordination. However no documentation states I was insubordinate.
It sounds like the job was not a good fit, so I'm puzzled as to why you want to go there again. But if you do, you should have an attorney review the severance agreement you signed and discuss what if anything a lawyer can do.
I agree with my previous colleague. If they were harassing you and discriminating against you, why are you reapplying. Is the job a state job or private employer? When you negotiated your severance, you should've negotiated a neutral reference and removal of any discipline from your file. If those are not part of the severance agreement, then they are able to provide a response to any requests about your job performance during your time there. Did you ever see your employment file? How do you know there is no documentation that says you were insubordinate. If you truly want to work there again, then seek advice from local counsel with employment litigation experience.
If there was nothing in your agreement reflecting that you are ineligible for rehire, then technically, you can be rehired. That said, they have a right to choose someone else. Your only recourse if they are refusing to hire you would exist if you think they are refusing to hire you due to your race or sex, or in retaliation for any complaints you made. If you believe that to be the case, then you should contact a local employment attorney to discuss the facts and circumstances of your initial termination and the failure to hire you in more detail.
This answer does not constitute formal legal advice and you should contact this or another attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and Federal law and should not be relied upon in any way in any other jurisdiction.
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