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I quit my job after working for this company for 25 years. A recruiter informed me I am ineligible for rehire. Is this legal?

Antioch, CA |

The department I worked for at this company is going through redesign/reorganization. I was in this department for 3 years 2 months and quit effective October 5, 2012. I decided to quit rather than possibly be fired as I didn't want a termination on my clean record. According to an HR Consultant that worked for the company, I would have 2 years to be rehired by the company and have my time with the company "bridged." I received a call from a Recruiter for a job I applied for at this company who wanted to consider me for a position but couldn't because she stated that in my HR file, it reads that I am "ineligible for rehire!" I have no idea why this is in my file. I left on good terms and I left on my own.

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Attorney answers 2

Posted

Your question is whether the "ineligibility" is legal, and there is nothing illegal about it, so long as it is not based upon a protected classification like, race/ethnicity/ancestry, sex, age (40+), Family Medical Leave Act usage, and the like.
Some companies may want to avoid former contractors or employees because of concerns about status for purposes of retirement eligibility, benefits, and the like. You need to find out more about why the marked you as "ineligible."

www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.

L. Maxwell Taylor

L. Maxwell Taylor

Posted

I agree with all of your analysis up until you advise that Asker needs to find out more about why s/he was deemed ineligible for rehire. I can envision considerable time and expense being fruitlessly devoted to this endeavor which would be far better directed to inquiries in the job market other than with the former employer. I know of no general principle of law giving rise to an entitlement to be rehired by a former employer, so redoubling efforts in this attempt seems to me like undertaking a wild goose chase to no good purpose.

Posted

Why did you think you might be fired?

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action. My office offers free consultations. www.jrandolphlaw.com

Christine C McCall

Christine C McCall

Posted

Exactly the critical question!

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