Employee eligible for rehire ?

lkg4nfo

One of our employees was terminated for poor work performance. They have recently applied for a vacant position. What are the legal parameters for considering this applicant for rehire?

Thanks !!

Nat

[font size="1" color="#FF0000"]LAST EDITED ON 05-05-04 AT 10:53AM (CST)[/font][br][br]You have to look at your policy on rehires. Our policy states that employees who are terminated involuntarily will not be considered for rehire. I would think that one of the only possible legal issues might be discrimination. Do you rehire some that have had past performance issues but you don't hire others? I carefully consider rehiring someone. Chances are their performance problems have not gone away.

Balloonman

The only parameter would be how stupid the employer is in rehiring someone who was a poor performer!
Not to sound harsh..............but why even consider them. "Based on their past work experience, we have selected individuals better qualified for the position".
My $0.02 worth!
DJ The Balloonman

Don D

There is no legal requirement anywhere in America, except perhaps California, that would require you to give any sort of special consideration to the application of a former employee, especially one terminated for poor performance. I would not consider the application and would rest peacefully on the fact that he/she was terminated for being a poor performer once, therefore, we do not want her/him back. End of story.

LFernandes

If the employee was terminated for cause, resigned but had performance issues, etc. they are not eligible for rehire. If they were a good employee with no issues but just moved on to greener pastures, they are eligible for rehire. Also, we only rehire 1 time. We've had people leave, come back, and then leave again, only to want to come back again (whew does that makes sense??).

L

Gillian3

Not even in California.

ray a

We are very careful who we rehire. Like the other posters have said, we do not have any obligation to former ee's terminated for cause. Even those we lay off are typically not rehired because we always lay off the poorest performers. Ee's who voluntarily resign, have a good attendance record, and were above average performers are eligible for rehire.

Crout

We sort of split hairs on this one and say that only someone fired for misconduct is ineligible for rehire. A past, poor performer can be considered, and we have had some people come back who were essentially "square pegs in round holes," so to speak, in their former positions and have now found their niche in a different job.

ritaanz

If I terminated someone for poor work performance, I would not consider them for rehire. First, because of their history and secondly, what kind of message are you sending to the other employees that are still there?

FHR

It depends on what the poor performance was about. Did they just not have a "grasp" on the particulars of the position involved and could function well in another position?. I don't think that applicants should automatically be rejected because of previous poor performance without a little research into what it was all about.

HeRman39

Our policy is that we do not rehire any employee, regardless of the reason their employment with us ended. If they were fired, we dont want them back. If they left of their own volition, chances are that the reason for their unhappiness with working here has not changed. Rehiring former employees is almost never a good idea (unless their former position was one that was temporary in nature ie a college student hire for summer work).