Eligible for rehire?

25 Comments

1. AnonymousMay 6,2024 at 7:41PM UTC

   I believe legally that the company ou sued can't say that they wouldn't rehire you because it could be viewed as retaliation because it could impact your ability to get a new job.

2. Stephanie IngleMay 8,2024 at 2:49PM UTC

   Agreed. Look at your settlement agreement wording around nondisparagement or disclosure. Some companies will disclose if you are eligible fore rehire, but some won’t. I suspect the company you settled with will not say anything and instead will just confirm the basic info mentioned in other responses. Don’t stress!!! You’re at the finish line!!!!

3. Holly VilaMay 10,2024 at 3:08PM UTC

   But how would you know if the company said negative things about you as opposed to just not hiring you? I mean, what you said, makes sense to me re retaliation, but how could you prove that?

4. AnonymousMay 13,2024 at 9:59AM UTC

   I mean do you know the absolute answer to every facet of everything you say on the Internet? JFC.

5. Doris NwanneMay 7,2024 at 12:58PM UTC

   just decline the job if this is what they want to do

6. AnonymousMay 7,2024 at 1:52PM UTC

   Honestly, this is such a coin toss. Especially not knowing the details of the situation with your old company or the culture of the new one/their recruiting team.

   My personal opinion... Just breathe and see what happens. Outside of getting ahead of it and telling them before they hear it from them, what can you do until you are or are not asked about it? Would all the other companies likely say they would? There's a chance they won't even end up calling the one you're worried about. There's a chance they will and they will say yes to avoid further issues for discrimination. There's a chance they'll say no but the new company won't mark that against you because other, better companies said yes. (As someone who works in HR, sometimes we're familiar with other company cultures and not fitting into a culture we deem as bad is not a red flag!).

   Anyway, of course there's a chance it could hurt your chances, but you don't have a lot of control on that front. The fact is it's a part of your experiences and they are doing their job of trying to make a judgment call on an applicant pool. I have a feeling the stress of that experience in the past is making the anxiety of it coming up even worse than it probably needs to be. There's actually a pretty decent chance it doesn't even impact you. There are many personal factors of the recruiting process you have control over but this is one of many others that you just don't. Maybe think through how you'll briefly explain if they ask, then try not to spend too much energy worrying about it. It's probably way worse in your head than it would look to them, if they ever even find out.

7. Nichole GilesMay 8,2024 at 1:24AM UTC

   I'm not sure it's legal forHR personnel to disclose something like that. Most bigger companies have policies about what they're willing to disclose, and the majority will only verify that you worked there and the dates. And I know there are laws about what one company can ask another. My company will only verify employment dates and that the person actually worked for us. We won't even verify income to loan companies. The employee has to use their pay stubs to do that.

8. AnonymousMay 8,2024 at 12:16PM UTC

   This is a multistate and international site so even if there ARE laws about what references can say they are not the same everywhere. Second, there are very few laws, if any, that actually constrain what employers can say. Many CHOOSE to have policies that limit the information they share about former employees to avoid potential discrimination or similar claims, but it is not inherently against the law to give detailed references.

9. misskelleypMay 10,2024 at 4:53PM UTC

   This is a WIDELY held fallacy. HR Personnel can disclose any true thing about a former employee. Ex: they were fired for stealing. They are not eligible for rehire due to performance. Etc. Now, that said, many companies have a POLICY (NOT LAW - POLICY) that they only disclose dates, title, maybe salary, and whether or not the person is eligible for rehire. But they legally can say anything that is true.

10. Ellen RaynorMay 8,2024 at 4:31PM UTC

    I think it may be legal for a former employer to disclose whether you are eligible for rehire, without providing any additional information. You may have to research this a bit and find reputable sources to confirm. If true, then you may need to develop some talking points to respond if the prospective employer asks about what they were told.

11. misskelleypMay 10,2024 at 4:51PM UTC

    Former employers can say anything they like as long as it is TRUE.

12. AnonymousMay 10,2024 at 12:22PM UTC

    Get a friend to support u and act as if they're that company. Give the company ur friends number. Its rought out here. Do what u gotta do!

13. AnonymousMay 10,2024 at 12:34PM UTC

    I don't recommend this. Someone that worked for me tried that. I had fired them for taking work from my company on the side and was bragging about it on our company blog. A customer called me to let me know what was happening.

    In the end, I caught him and put notice on our website about it to any potential employers. The employee who acted as management was terminated as well. That's fraud; a criminal offense.

14. AnonymousMay 10,2024 at 6:06PM UTC

    So u agree. . . They DIDNT get fired for faking the reference then

15. misskelleypMay 10,2024 at 4:50PM UTC

    Yeah, that has the potential to get you fired down the line if anyone finds out. I would absolutely NOT recommend doing that. What you COULD do is have a friend pose as a potential employer and call your references/former companies to see what they will say. Then you will know if you need to do some firefighting up front.

16. AnonymousMay 10,2024 at 6:07PM UTC

    That's why u keep it to urself if u do it. Duh u don't broadcast that info. U also gotta apply common sense. If it's a small town or industry with a lot of overlap don't do it. Simple as that.

17. AnonymousMay 10,2024 at 12:26PM UTC

    Not sure where you are, but that is illegal.

    A new employer cannot ask anything other than did you work there during the time stated on your resume. Anything beyond that is a legal issue and you can use. Did you sign something agreeing or was it verbal?

18. misskelleypMay 10,2024 at 4:49PM UTC

    Completely incorrect. They can ask anything, and the former employer can say anything - as long as it is true. They cannot lie, but they can answer (or not) any questions that are asked. Many companies have policies limiting what they disclose, but that's not "law", just policy.

19. AnonymousMay 10,2024 at 12:59PM UTC

    As an HR Business Partner, our company policy limits the information we disclose to only include title and tenure for former employees. While it's not illegal to share additional details, it's not our practice to do so.

    I recommend being transparent with your potential employer about your departure from your previous company. Honesty goes a long way, and it's best to address the situation proactively rather than having them discover it later. Good luck!

20. AnonymousMay 10,2024 at 2:32PM UTC

    Hi-OP here-How would you phrase why it ended? It was a discriminatory termination and I sued them. We settled. I don't want to lie, but I don't want potential employers to know I took a former employer to court. Open to any advice you can share.

21. AnonymousMay 13,2024 at 6:49PM UTC

    Oh, that is a tough situation.

    Perhaps something to the effect of:

    I agreed to sign a non-disclosure surrounding the circumstances. My previous employer should be happy to verify my date of hire, last position worked, and last day, but otherwise the remaining details are not likely to be divulged.

22. DeborahORellMay 10,2024 at 1:19PM UTC

    A potential employer calling for a reference is often trained to be aggressive. to ask anything and everything. The former employer can actually share whatever information they want. As long as it is their truth. so technically, they can say she was terminated and is not eligible for rehire. And it's their truth so it is only illegal if there was a separation agreement that they agreed to ONLY provide term of service and title. I would feel cautious of the employer who is asking for that kind of info. that you have to prove you are eligible for rehire.

23. AnonymousMay 11,2024 at 2:09PM UTC

    This is contrary to most company’s HR/Legal policies. A previous employer may NOT just say whatever. Or give personal opinions about your ability to be rehired or give arbitrary negative opinions. This could be a huge liability for the company and constitute a tortious claim for interference with economic advantage. Please qualify this response if it’s based on a personal opinion or first hand knowledge at your particular place of employment.

24. AnonymousMay 11,2024 at 2:21AM UTC

    Thing seriously about whether you want to work for a company that's going to conduct this type of inquiry. When you are looking for a new job, you've obviously left your last job, and you wouldn't have left that last job if things were hunky-dory - obviously there are REASONS why people leave and that doesn't make the person any less valid of an employee. It sounds like this new company is going to be strong-arming you from the get-go. I wouldn't pursue that opportunity.

25. AnonymousMay 11,2024 at 2:14PM UTC

    Being eligible for rehire doesn’t mean your former manager would actually hire you back. It simply means does the company have any reason they wouldn’t hire you back—which is often due to termination for cause, such as criminal activity, ethics violations or general corporate policy violations. Having a fallout with a manager, who may or may not work there, isn’t what they’re looking for. Also if you were eligible for unemployment after you left (and most people are even if they quit) you would likely be eligible for rehire. This is not much more than customary due diligence to ensure you worked where you said you worked and you didn’t commit some kind of fraud that resulted in your termination.