Why accept application?

Shadowfax · September 2005

Need some thoughts. Facts: former ee 'retired' after mutual agreement between ee and er after several incidents of either poor judgement or victim of circumstance (er vs ee viewpoint); ee was paid a severence for which he signed a release of all claims; 9 months later ee ignored his release and sued er on 5 counts and demanded over $400,000 in damages; court summarily dismissed the claims. Four years later, ee wants to re apply for employment (we are hiring). I say no need to even allow him to apply. Mgr says to let apply then deny. This drives me nutz! Thoughts?

PS C. Reeder I can't seem to get a private e-mail to you, but the speed of the Forum today is excrutiatingly slooowww.

TN HR · September 2005

I would not accept an application from this employee on the grounds that he is ineligible for rehire. I would not even take the bait for him to come back and say that you accepted his application in good faith and then discriminated against him in the selection.

HRinFL · September 2005

I agree with Gene. There may be some language in the release he signed that bars him from re-employment. A review of the release will let you know if that is the case. Additionally, the employment history of this ee with your company is grounds enough not to warrant his re-hire. He was plagued with performance issues the first time around, you have a legitimate business decision, past performance, to explain any decision not to consider this ee for employment.

Gene is also right that accepting the application could cause issues, because you have no intention of re-hiring the ee.

LivindonSouth · September 2005

There's a chance that an attorney advised him to apply for work. Since his other suit was dismissed, he is working a new angle to get in your pocket. This calls for the advice of your company attorney. Whether or not he is 'eligible for rehire', your refusal to accept his application could be critical to his purpose and your outcome.

LeeR · September 2005

Couldn't agree more. I allow everyone who wants to to apply. Then decide who is or isn't suitable for hire. Declined to let a previous employee apply based on their prior job performance and ended up mediating with EEOC because the prior employee was black.

LivindonSouth · September 2005

Talk about 'leaving the room' for a moment. You've been gone for at least six months.

Shadowfax · September 2005

Thanks all. We will take the app on the basis there is no employment decision to be made until he has made application. Then, not suitable for re-hire based on performance. I suspect either way, we are being set up for additional pain. The only protection this guy has is that he is over 40.

LivindonSouth · September 2005

I'm guessing that's a safe course. I would think he could get further with a complaint that you would not allow him to submit an application than with your decision to 'not advance his application to the next stage'. No law that I'm aware of requires us to interview people. I would feel comfortable using the information at hand to determine that he was not a suitable fit for the job. No matter what your 'process' is, no matter that an EEOC officer might not 'like' it, that is of no consequence as long as it does not result in the illegal exclusion of protected persons. You're not passing on him because he's 40+. You're passing on him for good, defensible reasons that you can roll out.

Don D · September 2005

Shadow: Just curious; what became of this issue?

Shadowfax · September 2005

No app yet. He has a friend inside who I am sure told him what we were thinking. If things I'll let you know. Thanks again.

Why accept application?

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