Q: I was fired from my job for attendance issues.Administrator said I have to wait a year to apply again. Now he’s says no.
I was terminated due to poor attendance. I accepted my fate and respectfully left my job and thanked everyone on the way out. 6 months after I reached out to my Director of Nursing who is my direct supervisor to see if I can come back. My Director of nursing really wants me back but told me the administrator said I can come back BUT I have to wait a full year. Now that it’s been a full year, he’s telling the Director of Nursing that I can’t come back. She keeps advocating for me but he says no with no good reason. Is this Legal? I’m technically eligible for rehire so I’m wondering if u have a legal case here. Thank you for your time!
A:
Under California law, employment is generally at-will, meaning that employers can hire, fire, or refuse to rehire employees for any reason, as long as it is not discriminatory or retaliatory. In your case, the administrator's decision to prevent you from being rehired, despite previously indicating you could return after a year, might feel unfair, but it is not necessarily illegal.
If the refusal to rehire you is based on discriminatory reasons such as race, gender, age, or disability, or if it is in retaliation for engaging in protected activities (like filing a complaint about workplace safety or discrimination), you could have grounds for a legal claim. Otherwise, the administrator's change of mind, even without a clear reason, is generally within their legal rights.
However, if there was a written agreement or policy stating that you would be eligible for rehire after a year, and the administrator's refusal contradicts this, you might have a case for breach of contract. Reviewing your employee handbook or any written communications about rehire eligibility could provide more clarity on your situation. It would be beneficial to consult with an employment attorney to evaluate any potential legal options based on the specifics of your case.
A:
What is happening is perfectly legal. Refusing to rehire you after being terminated for attendance issues is not unlawful, even if someone told you it would not be a problem after a year. That statement was not a binding promise. It was just a statement that cannot be enforced.
Good luck to you.
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