Worse rehiring discimination

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Latest post 02-06-2012 10:59 AM by Beth3. 8 replies.
  • 02-04-2012 9:31 PM

    • NCB0235
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    Worse rehiring discimination

    I posted a few months ago an explanation of not being rehired by a company. Since then, I have been told by several HR Managers that I am completely eligible for rehire under their company's rehire policy. Today, I found out that my old manager intentionally checked the 'Not-Rehireable' box on my termination paperwork, so that no one would rehire me.

    She recently transferred to another store, and I thought I'd have a chance at my job back. Turns out management still can't do anything, because my paperwork was done incorrectly. She has taken a personal vendetta to a malicious extreme. I did not have her reason (which she refuses to provide now) investigated for discrimination because she was transferring; I thought she would take her hatred with her. She is preventing me from getting a job in 100 stores for her own personal reasons.

    How legal is this? Is HR at least obligated to change my rehireability status? I'm pretty sure I could get a job there if that paperwork had been filed according to company policy.

  • 02-04-2012 9:38 PM In reply to

    • Kivi
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    Re: Worse rehiring discimination

    If you believe that her vendetta against you is motivate by your race, ethnic background, or some other protected characteristic, then you can complain to the EEOC or state equivalent, if your state has one.

    But, if it's "just personal", (which is what your post implies),then what she did is not illegal under the law.

  • 02-04-2012 9:54 PM In reply to

    • Drew
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    Re: Worse rehiring discimination

    Baloney ---management can chose to ignore its own X boxes  or proceedures ---just nobody is willing to rock any boat if you don't bring any special skills or assets to the equation.

    But unless her personal vendetta is tied to some protected characteristic as age, sex, race--and in CA I think they throw height and weight into protection pot--its not illegal to blackball you.



  • 02-04-2012 10:19 PM In reply to

    • NCB0235
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    Re: Worse rehiring discimination

    Problem is, I DO feel her vendetta is based off illegal discrimination. But I don't know how to find out- she refuses to state why she won't rehire me.

  • 02-04-2012 10:29 PM In reply to

    Re: Worse rehiring discimination

    NCB0235:

    Problem is, I DO feel her vendetta is based off illegal discrimination. But I don't know how to find out- she refuses to state why she won't rehire me.

    You have 180 days to file a complaint of illegal discrimination with the EEOC and then you are time barred from pursuing it.  However, the burden of proof is on YOU to prove that she is illegally discriminating against you not for her to defend it.

    She isn't required to give a reason.  In at will employment no reason for termination is needed.  Absent a reason and her not talking proving it is illegal discrimination will be virtually impossible.  Based on what you have posted here and in the past I don't see a basis for anything illegal.  She clearly doesn't like you and that is a legal reason to put you down for ineligible for re-hire.

    I rarely agree with Drew but I think he is right.  If management wanted to over rule the one box she checked they could.  I have a feeling they were not as enamored with your performance as an employee as you believe them to be.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 02-05-2012 9:31 AM In reply to

    • Drew
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    • Joined on 03-30-2000
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    Re: Worse rehiring discimination

    You quit.  Your file was coded not eligble for rehire.  Some administrator elsewhere who follows the code is not per se engaged in any improper discrimination--unless and until you prove a link that the code is based on some illegal reason--but a blow up with prior boss is not per se illegal..



  • 02-05-2012 10:14 AM In reply to

    • cbg
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    • MA
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    Re: Worse rehiring discimination

    How legal is this? 100% legal.

    Is HR at least obligated to change my rehireability status? No.

     I'm pretty sure I could get a job there if that paperwork had been filed according to company policy. Company policy is not law.

    On what protected characteristic do you believe this alleged discrimination is based?

     

     

  • 02-05-2012 10:44 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,509

    Re: Worse rehiring discimination

    Most discrimination is legal--start with that.  If the employers basic policy is NOT to rehire people who quit or were fired unless the immediate supervisory specifically indicates the employee is elgible for rehire then at least so far that is not a form of illegal discrimination. You would need to prove that her mark or mistaken mark was motivated by some illegal form of discrimination--and if she is smart enough to keep her mouth shut that may be a very daunting task.



  • 02-06-2012 10:59 AM In reply to

    Re: Worse rehiring discimination

    I DO feel her vendetta is based off illegal discrimination.  What's your best guess as to what form of illegal discrimination she is engaging in? (race? religion? national origin? gender? handicap?  something else?)

    If the boss marked your termination papers "ineligible for rehire" simply because of personal animus, that's legal.

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