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Rehiring ex employee
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Rehiring ex employee
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
Happy Friday!
Ijust had an ex staff call me up to ask if she was rehirable. She was a staff who had given resignation notice within 2 weeks of being hired wihtout any notice period citing personal
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Rehiring ex employee
posted at 10/30/2009 10:08 AM EDT
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Posts: 15
First: 9/2/2009 Last: 12/16/2009 |
Happy Friday!
Ijust had an ex staff call me up to ask if she was rehirable. She was a staff who had given resignation notice within 2 weeks of being hired wihtout any notice period citing personal reasons. She had also received warnings related to her attendance during this two week period. Now she is statign that her relative had died in Samoa and she was depressed at that time. She hadnt wanted to discuss personal matter with her supervisor at that time. I did tell her that she was not rehirable. But my concern is since she cited depression, is this something i need to take into consideration? I am not sure if i believe her story though coz i could hear someone prompting her from behind wat to say...not too sure:( |
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Rehiring ex employee
posted at 11/3/2009 6:10 AM EST
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Posts: 21
First: 11/21/2006 Last: 7/7/2011 |
Your company policies may differ, but in general, a new employee is considered under probation for a specified period, and is only considered a permanent employee once they have completed that time period and worked successfully during that time. Depending on your company policies, they may have to also demonstrate that they've learned certain aspects of the job, followed attendance expectations, etc. It looks like this employee did none of these things, as well as leaving her employment without proper notice. It sounds like you're worried that if she isn't rehired she might bring suit. But even if you have no written policies designating who is or isn't a permanent staff member, someone with less than 2 weeks of employment with the company would not be considered a permanent employee with any particular rights for re-employment by most courts, especially if she had poor attendance during that brief time. I wouldn't worry about not rehiring her; in fact, I'd avoid it. She's already demonstrated that she has trouble communicating with management. Why wouldn't she be honest about a death in the family? She sounds like trouble to me. |
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Rehiring ex employee
posted at 11/3/2009 6:17 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
It was her responsibility to bring that up AT THE TIME, not now. So no, you do not have to take it into consideration now. Had she told you at the time, you might have had to negotiate with her under ADA and talk through "reasonable accommodations" but that only applies to employees...and she is not one at this point.
You could easily make the case that she was not rehired due to the fact that she didn't give notice, had poor attendance, etc. None of which places your firm in any position of liability. The only place I would be extra careful is if you HAVE rehired someone in this same situation (no notice, poor attendance, limited service, etc). |
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