Do not rehire

[violas]

What is the name of your state (only U.S. law)? Florida
I think my old job is telling people that I am a "Do not rehire" when they call. I gave the required notice to let them know I was moving. I have an anxiety problem and am now on medication. I was not on any medication at the old job and they may be saying" Don't hire her she's too nervous." How can I find out what exactly what my old job is saying about me? Thanks for any advice.

 

[Beth3]

You can call for a reference on yourself or have someone else call on your behalf.

BTW, if your former employer has determined you are not eligible for rehire with them, there is nothing illegal about their telling other employers that when contacted for a reference. Employers doing thorough reference checks always ask if the individual is eligible for rehire.

 

[cbg]

I have a question, and I have a specific reason for asking it.

Is the reason you believe your previous employer is making this statement, because you are not getting any calls for interviews, or because after you interview for a position, you are not getting the job?

 

[violas]

Thanks all. I thought I had a great interview a few weeks ago. The lady acted like she was anxious to hire me as soon as possible. I never heard from her again.

 

[Banned_Princess]

Well that just happens sometimes,.

Everyone always is quick to call say it must have been the reference, sometimes there just is someone better then you.. and with the hundreds of thousands of people wanting THAT JOB then the chances are better that you weren't as whatever as the next guy.

Just for arguments sake, maybe you should have someone call them for a reference, see what they say...

 

[cbg]

If you are repeatedly being interviewed and then not getting the job, it is *possible* that it is due to a bad reference. A single instance is not enough to draw that conclusion, however.

Here's the thing. Contrary to what far, far too many people believe (if you go by the questions we get here) employers do not make reference calls or background checks on applicants before they decide whom to interview, and of those that they do interview, they only run such checks or make such calls on the top two or three candidates. Of those two or three, only one is going to get the job, and it is rare that the results of the check are the deciding factor. They may be A factor, but rarely (not never, but rarely) does it tip the balance.

So if it was happening repeatedly, then that MIGHT indicate a bad reference. If it happened only once, or even two or three times, that is not enough to draw the conclusion that any negative things are being said about you. Particularly not in the current economy when for every job, there are literally hundreds of applicants, any of whom might have equal or better qualifications than you.

Also, please keep in mind that it is LEGAL for an employer to say that you are ineligible for rehire (if indeed you are ineligible for rehire) and that the employer gets to decide who is and is not eligible. Who can and cannot be rehired is not addressed by law as long as Title VII and related laws are not violated (race, religion, etc.) I have worked for companies where NO ONE is eligible for rehire because of a complicated set of non-disclosure and non-compete agreements related to intellectual property. Any HR manager worth their salt knows this. Finally, it is LEGAL for an employer to give the reason you were termed or are not eligible for rehire.

 

[violas]

Thanks all so much for the information. I am going to ask a friend to call my old job and see what they say about me. I have another interview next week.

 

[quincy]

As a note, an employer must be VERY careful when stating that an employee is "not eligible for rehire." That statement is considered a fact and not an opinion, and it can lead to a lawsuit against the employer based on the statement's defamatory implication.

This was discussed not long ago in a post in the Libel section of the forum in a thread started by outcoldace. That thread lists a few cases for review.

https://forum.freeadvice.com/libel-slander-defamation-88/defamation-lawsuit-523399.htm.

A "not eligible for rehire" statement needs proper support in order to avoid that statement being seen as a defamatory one. Someone may be ineligible for rehire, as cbg noted, for any reason determined by the employer. The reason could be because the employee married the boss or because they stole a ton of money from the business. There is a major difference between those two reasons and that difference can turn an unsupported "not eligible for rehire" statement into a defamation lawsuit for the careless employer.

 

[cbg]

However, at this point I would like to remind everyone that we have nothing but the OP's suspicion that the employer said anything at all, let alone that the OP was ineligible for rehire, and that based on what she has posted the odds are in fact favoring her being mistaken.

 

[violas]

Thanks all so much. My friend called my old job. I was shocked to hear that they gave me a good recommendation and said that I am a "rehire."

 

[cbg]

What did I tell you?

 

[quincy]

I was hired 2x at a hospital in a very large organization. Both times I quit for similar reasons. Both times I gave required 2 week notice. I was never written up nor had any disciplinary actions against me. The last time I quit it was during the probationary period. Lets just say it wasnt a good fit the 2nd time around even though there was a new manager who led me to believe things would be different under him. Things were just as bad. Now I find out I am on the do not re-hire list throughout the organization and said organization controls approximately 80-90% of medical facilities in my state, New Jersey. I found out because a manager of a hospital in the organization wanted me on her team and hired me over the phone but then came the dreaded call from HR stating I am on the do not re-hire list. I have tried and tried to reach out to numerous people at the original hospital to know why and no one is responding to me. What is my recourse here? I am stuck and dont know where to turn to get answers short of the Chief of Human Resources Officer. Any advice would be very helpful at this point. Do I need an attorney?

This thread is from 2010. Please start your own thread for information and advice specific to your legal concerns. Thanks.