Rehiring Ineligible past employee

KarenTN

I was just notified by a facility manager that he had rehired a previous employee and would I locate the old files. Our policy regarding rehires is to have them reviewed by HR before the offer of employment is made. The manager failed to do so and hired this person. In reviewing the old file, I have discovered this person was terminated in 1985 for falsifying pay records. The manager has been reprimanded for failing to follow procedure but are we stuck with this employee? He has already worked through his probationary period.

Down_the_Middle

I think the new employee is now yours to deal with. The opportunities to either prevent the rehire or discontinue employment are likely gone and I'd suggest letting the individual make his own path. The infraction of 17 yrs ago is certainly less significant than if it happened 2 mos ago and presumably you did reference checks on the recent employers. I'd move on to other more pressing issues.........

Gillian

I agree with Down the Middle. Even if the manager had come to you ahead of time, you should have considered the 17 years that has passed and whether or not the old issue was relevent. Further, perhaps the person was dismissed incorrectly - such things have happened.

Gar

[font size="1" color="#FF0000"]LAST EDITED ON 01-10-02 AT 05:17PM (CST)[/font][p]With all due respect to Down-the-Middle and Gillian, folks I normally agree with because they give good advice, I say dismiss the person. This is a simple business decision, the reasons are simple, and I believe, defendable:

1. The falsification of pay records is a serious offense - especially if it resulted in personal gain. If so, there is a responsibility to the owners of your firm not to hire such persons.
2. The manager who hired the employee did not adhere to your employer's hiring methodology. Therefore, assuming your policy is in writing or is a long established practice, your employer should not be made to act contrary to its own policy/practice. After all, the manager was disciplined for his action.
3. If you had known the reason for the employee's termination 17 years ago, the employment offer would not have been made.

Consult with your legal counsel on this one because terminating this person's employment will probably get you sued. But, should you decide to go forward with termination, do so as quickly as possible. The longer you wait, the more a third party will question your decision.

Kathie0554

[font size="1" color="#FF0000"]LAST EDITED ON 01-11-02 AT 07:23PM (CST)[/font][p]Is the new employee working in the payroll department? Does he have the opportunity to repeat his past offenses? If his new position doesn't involve payroll, accounting, or any other financial position then I'd say let him stay. If not, I'd strongly consider letting him go. Other questions to consider....Is your state an employee at will state? Is he now a member of a union? Either way, the advice to contact the company's lawyer is a good one. If you can't just up and term him then he (the lawyer) might have some good suggestions on how to legally institue some safeguards so he can't get the opportunity to falsify any other records.

Kathie