October 28, 2024
No Rehire After You’re Fired?
Some employers classify departing employees as eligible or ineligible for rehire. That determination is usually based on the reason for separation. Employees who resign, give, and serve the requested notice, such as two weeks, are usually eligible for rehire. Employees who fail to give and serve the required notice or those who are fired for gross misconduct (theft, unlawful harassment) are not.
Can you classify a former employee as ineligible for rehire because the employee filed a charge or claim against your company ? The EEOC says, “No.”
One company agreed to pay $137,000 and provide other relief to settle a retaliation lawsuit brought by the federal agency. According to the EEOC’s lawsuit, in 2023, a former employee re-applied to work for her previous employer, but a company vice president told her she was not eligible for rehire because she filed a previous discrimination charge with the EEOC after being fired the previous year. The EEOC’s position is that such conduct violates Title VII of the Civil Rights Act of 1964, which protects individuals from workplace retaliation.
An agency representative explains it this way. ““When an employer takes an adverse employment action [refusal to hire] against an employee because the employee exercised her right to file a charge of unlawful discrimination, it has a chilling effect. Other employees are then hesitant to come forward to report discrimination.”
When making employment decisions, including hiring, ensure those decisions are without regard to activities unrelated to a person’s ability to do the job. Considering legally protected activities like filing a workers’ compensation claim, using Family and Medical Leave, serving in the military, filing a charge or claim, and more can land you in hot water.
