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Re-Hiring requirements
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What are the re-hiring requirements in California? Do I have to have the "re-hiree" complete all the documents they gave me in the past if it's longer than, say, 12 months? I'm assuming that as long
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Re-Hiring requirements

posted at 3/8/2012 2:54 PM EST on Workforce Management
Posts: 3
First: 3/8/2012
Last: 3/8/2012
What are the re-hiring requirements in California? Do I have to have the "re-hiree" complete all the documents they gave me in the past if it's longer than, say, 12 months? I'm assuming that as long as the I-9 documents, and other things (Driver's License, Vehicle Ins., Registration, etc.) are current and not expired that they are fine, but what about completing a new Application? or having them take another drug test? or having them watch the safety video and take the written test again - ? We are a construction company in a highly seasonal area so I encounter this delimma on a yearly basis.

Re: Re-Hiring requirements?

posted at 3/8/2012 3:06 PM EST on Workforce Management
Posts: 3
First: 3/8/2012
Last: 3/8/2012
What are the re-hiring requirements for Calif? If someone worked for us, say, 12 months ago, and their documents have not expired (i-9, Driver's License, Vehicle Ins. & Registration etc.) do I need to have them complete another application? or what about another drug test?
We are in the construction industry in a very seasonal area, so I encounter this situation often. Thank you for any help!

Re: Re-Hiring requirements

posted at 3/8/2012 4:12 PM EST on Workforce Management
Posts: 174
First: 9/29/2011
Last: 2/12/2013
I doubt very much if California has established any re-hiring requirements.  What you decided to do for rehiring employees will depend on what you are willing to put "at risk".  For example, if you do not do a drug test, someone under the influence of drugs injures another person on the job and a drug test would have revealed the substance abuse, then you could be on the hook big time for liability.  Or perhaps someone's legal right to live and work in the US is no longer valid and this is turned up in an audit.

You might want to make a call to your insurance carriers to see what they'd recommend (although I suspect that their answer will be the same as mine).  That would be to have them re-apply and do all the regular pre-employment checks that you would normally do.  A person can get into a lot of trouble in just one year!

Re: Re-Hiring requirements

posted at 3/8/2012 4:17 PM EST on Workforce Management
Posts: 3
First: 3/8/2012
Last: 3/8/2012
THANK YOU. That is exactly what I needed to know.

In Response to Re: Re-Hiring requirements:
I doubt very much if California has established any re-hiring requirements.  What you decided to do for rehiring employees will depend on what you are willing to put "at risk".  For example, if you do not do a drug test, someone under the influence of drugs injures another person on the job and a drug test would have revealed the substance abuse, then you could be on the hook big time for liability.  Or perhaps someone's legal right to live and work in the US is no longer valid and this is turned up in an audit. You might want to make a call to your insurance carriers to see what they'd recommend (although I suspect that their answer will be the same as mine).  That would be to have them re-apply and do all the regular pre-employment checks that you would normally do.  A person can get into a lot of trouble in just one year!
Posted by nork4

Re: Re-Hiring requirements

posted at 3/9/2012 4:02 AM EST on Workforce Management
Posts: 174
First: 9/20/2011
Last: 2/11/2013
In Response to Re: Re-Hiring requirements:
THANK YOU. That is exactly what I needed to know. In Response to Re: Re-Hiring requirements :
Posted by KayeandTerry


Nork is spot on. Wouldn't you like to know what they have been working on since they left you and if they left there under satisfactory terms? What if they have been in jail?

I would do a new background check after they filled out a new application and release.

Re: Re-Hiring requirements

posted at 3/9/2012 7:38 AM EST on Workforce Management
Posts: 147
First: 9/21/2011
Last: 2/12/2013
The I-9 has specific instructions on re-hires and it depends on how long they have been gone.

Here is a link to the Employer's I-9 handbook: http://www.uscis.gov/files/form/m-274.pdf and it states that if you rehire within 3 years you need to inspect the prior form and must reverify if anything has expired.

However, it also states that you may just complete a new form. Honestly, that is what we do. That way we know it has been done correctly this time regardless of what happened last time.

Re: Re-Hiring requirements

posted at 3/31/2012 3:22 AM EDT on Workforce Management
Posts: 1
First: 3/31/2012
Last: 3/31/2012

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