Eligible to rehire disclosure policy in Illinois

[jkel0912]

Is it legal in Illinois for a previous employer to disclose "eligible to rehire" status of a former employee to potential employers, if they ask for the information?

 

[adjusterjack]

Sure, it's legal.

Can't imagine why it wouldn't be.

Why do you ask?

 

[PayrollHRGuy]

It is legal. It is also legal for the to say why a person isn't eligible for rehire. If an employer says something you don't like about you you can sue them for defamation but the truth is a defense to such a suit.

I understand that many people, even some of those working in HR, think a former employer can't give a bad reference. They are wrong.

 

[jkel0912]

My husband quit his former job without giving 2 weeks notice. For this reason, his former boss has him on a "not eligible to rehire" list for no notice, which has prevented him from getting another job so far. Is there anything we can do about this situation? His former boss is practically preventing him from earning a living, and we are heading for financial distress at this point.

 

[PayrollHRGuy]

Not a thing in the world other than when he applies for a new job to give that as the reason for leaving his old job.

The former employer is telling 100% the truth.

And as HR professional I will tell you that when I'm checking former employer references and ask if the employee is eligible for rehire and the former employer says "no" I ask why. If they don't give me an answer I take that "no" with a big grain of salt.

As any place he applied actually told him this is why he didn't get the job?

 

[eerelations]

It's very common for employers to put former employees on their "do not rehire" lists if said employees don't give two weeks' notice of their departure. It's also legal.

 

[jkel0912]

Are you suggesting that he should mention he is not eligible to rehire at every job interview he has, even if they don't ask?

 

[jkel0912]

Yes, he almost got a job, then never heard from the potential employer again. He called, and was told that his former boss had him on a "don't rehire" list due to no notice, and if he can talk to her and get her to remove him from the list, he can have the job. He tried calling her, but she never answers the phone, and never responds to messages, never calls back.

 

[adjusterjack]

My husband quit his former job without giving 2 weeks notice. For this reason, his former boss has him on a "not eligible to rehire" list for no notice, which has prevented him from getting another job so far.

You mean he quit his job without having another one already lined up.

Boy, was that ever a bad move.

Is there anything we can do about this situation?

No.

His former boss is practically preventing him from earning a living, and we are heading for financial distress at this point.

It's not the former boss that's doing anything.

It's your husband that burned the bridge by quitting without notice. It's on him.

He tried calling her, but she never answers the phone, and never responds to messages, never calls back.

She isn't going to because she doesn't have to.

Maybe he should go visit her, profusely apologize, ask for forgiveness, and see if she'll change her reference.

 

[PayrollHRGuy]

That is one job and not the smartest employer in the world. As an employer I would have at least asked your husband why he didn't give two weeks notice. But nobody has to ask that question and there is absolutely nothing you can do about it. That is why I would say it upfront along with why he didn't give two weeks notice.

When a would be employer finds something out by talking to a former employer they often feel, rightly or wrongly, that they have caught the applicant in a lie. If your husband says up front, "When you call XYZ they are going to tell you I quit without two weeks notice" and follow that up with a good reason or maybe even a bad reason they will at least give him points for honesty.

 

[jkel0912]

You mean he quit his job without having another one already lined up.

Boy, was that ever a bad move.

The situation was of such nature, that he left on a spur of the moment, although he hadn't been planning on quitting. It was an ongoing conflict with total lack of communication, he was working overtime but being paid less for that than his regular hourly wage, and expected to work every weekend although it wasn't his regular schedule. When he confronted his boss about the overtime pay, she said "well, it's better than nothing".
One morning when he went to work and saw that more work had already been piled up, he just left... with no notice.
He tried calling her, but she doesn't answer the phone, and doesn't return messages.

 

[jkel0912]

When a would be employer finds something out by talking to a former employer they often feel, rightly or wrongly, that they have caught the applicant in a lie. If your husband says up front, "When you call XYZ they are going to tell you I quit without two weeks notice" and follow that up with a good reason or maybe even a bad reason they will at least give him points for honesty.

This is good advice. He recently applied for another job, went to an interview, got a job offer, and everything seems to be ok at this point... but they still haven't done the former employer check yet. However, they have him take a drug test and a physical exam this coming Monday already , so I am wondering whether they will do the former employer check at all.

 

[jkel0912]

As HR specialists, how likely would it be for a potential employer to send a potential employee in for a drug test and a required physical exam, and then withdraw the job offer after checking with the previous employer?

 

[LdiJ]

As HR specialists, how likely would it be for a potential employer to send a potential employee in for a drug test and a required physical exam, and then withdraw the job offer after checking with the previous employer?

Are they paying for the drug test and physical exam, or does your husband have to pay for it. If they are paying for it then I think its unlikely that they haven't already checked references.

 

[jkel0912]

Are they paying for the drug test and physical exam, or does your husband have to pay for it. If they are paying for it then I think its unlikely that they haven't already checked references.

They didn't say. They just called and said they have him scheduled for the tests. There was no mention of payment.