Reference check

jthomsen

When asked if previous employee is eligible for rehire? Are we allowed to say no?

NaeNae55

What has your company's policy been in the past? Many companies refuse to give details about former employees because they are afraid of being sued. However, you can also be sued for not giving vital information if the employee ends up hurting someone at the new employer (assuming you knew it was likely).

I would likely tell the prospective employer that the employee is not eligible for rehire assuming 1) it is not against our company policy, 2) I have lots of documentation to back my statement up, and 3) I am not treating this employee any differently than other employees who are not eligible for rehire (don't want to get sued for discrimination!)

Good luck!

Nae

davids

Definitely you are "allowed" to say that an employee is not eligible for rehire. That is assuming you have a legitimate, documentable reason for not rehiring the employee; and you are applying your standard equitably. Another option is to respond by saying the employee is eligible to "reapply" for jobs with your organization. I use that response when the employee was not involved in misconduct, but just wasn't a stellar performer. That isn't saying we would rehire the employee, only that he/she can reapply. I have responded to the rehire question with a definite "no" when the employee has engaged in misconduct or inappropriate conduct.

stilldazed

Check your state's labor laws. Some state's have extreme privacy legislation. Some states require more disclosure. Hopefully, your policy is consistent with Texas law. There is nothing at the federal level that forbids you to respond with a yes or no to the question. Offer justification for why the individual would or would not be eligible for rehire is a different question, and again may be guided by Texas labor law. It is very risky to offer justification, unless your state requires disclosure among employers.

Cheryl S SPHR

We do not give out references without a signed release & waiver of liability from the employee or former employee. In addition, all references are in writing and in response to written questions (to afford us the protection offered under our state's laws).

That said, as a matter of practice, we tell everyone that we do not answer the "eligible for rehire" question for anyone. Circumstances change and that answer is only a snapshot in time.

Cheryl

Susan in La

[font size="1" color="#FF0000"]LAST EDITED ON 11-07-08 AT 10:28AM (CST)[/font][br][br]We are a residential facility for people with developmental disabilities. We certainly tell other similar employers if someone is not eligible for rehire. If someone abuses one of our people we don't want them going somewhere else and doing the same. Now, if a burger joint wants to hire them we might not be as forthcoming. We also require a signed release and do our references in writing. Over the phone we just verify that they still work here or are no longer employed.

Paul in Cannon Beach

I give out references. Always have. Always will. I feel strongly about this. Good employees deserve a positive, specific reference. Bad employees deserve a "not eligible for rehire". Maybe more if you have the documentation to back it up.

This has been my approach for years. Ive never had a problem. References provided in "good faith" are protected by statute.

cnghr

We have always told whether or not former employees are eligible for rehire. As most banks do, we have a policy against telling callers much more than dates of employment and eligibility for rehire. We don't give any detail, but I have learned to say the word "no" in such a way that makes it clear there's a very good reason behind it. By the same token, just the word "yes" can be said in such a way to imply that we'd take them back in a heartbeat.

I've rarely had anyone have a major problem with the skimpy references we give, because people seem to understand that certain types of businesses won't say much. Although one woman did hang up on me when I couldn't give her a lot of detail on the former employee (she wouldn't have liked what she'd heard had I given her details, anyway) and another one chastised me because I couldn't discuss rumors that she had heard about the former employee!