Appeal Your Ex Employer’s No-Rehire Designation

INTRODUCTION:

As many of us know, all employment relationships do not end well. Maybe your employer mistreated you in some way. Maybe you violated company policy. Or, maybe the employer/employee relationship ended for reasons that might have involved inappropriate actions on both the employer’s and your. Regardless of the reason for your separation, you must move on with your career.

I shared with you in my post, “Three Re-hire Eligibility Categories,” that when your employment ends, your former employer will likely code your file to determine if you are eligible to work for them again. Although you may never want to work for that employer again, beware that, if you are deemed ineligible for rehire, such a determination could interfere with your landing another job. Why? Because your potential new employer could call for a reference and ask your former employer if they would rehire you. If they say, “No,” it could cause you to lose out on the job.

Today, I will share with you the steps that you should take to try and get that determination overturned.

STEPS:

  1. Know What Each Designation Means
    My current employer assigns one of three re-hire eligibility designations that lets HR know if a former employee can work for the organization again or not. They are Eligible, Conditionally Eligible, and Not Eligible. My post, “Three Re-hire Eligibility Categories,” explains the meaning of each, so check it out.
    Understand Why You Were Labeled as Not Eligible for Rehire
    You Can’t plan and present an effective appeal if you don’t understand why you were deemed eligible for rehire. In a perfect world, your employer would tell you the reason for the designation in your HR file during your off-boarding process. If that does not happen, ask for a written explanation.
  2. Research Your Company’s Policy
    When you start a new job, study your employer’s policy. I know that when you start a new job, you’re excited to meet your new colleagues, getting clear on your new manager’s expectations and proving what a great employee you are. So, understandably, leaving is usually one of the furthest thoughts from your mind. However, we are often caught off-guard as employees because we don’t prepare for what could happen. If your former employer is a government or non-profit organization, you may be able to find their policies on-line. If they’re a private employer, you will be less likely to find their policies online.
  1. Does Your Former Employer Accept Appeals for Rehire Eligibility Decisions?
    Even if your former employer does not have a formal appeal process, write a letter to your former manager and human resources. In your letter, apologize for your alleged inappropriate behavior. Explain what led to that behavior and ask that they reconsider the ineligible for rehire designation. Highlight the contributions that you made to the employer while you were a member of their team. Then ask them for a written response.
  2. Research Your State’s Laws
    Taking this step will inform you on what your state’s law requires employers to do when an employee separates from their company. This could include reporting to the state’s department of labor, notice to the employee, and timelines, what information they are allowed to share as a reference. Every state’s laws are different and some may not have a law. Become as informed as you can.
  3. Ask and You May Receive
    Contact your former employer’s human resources department and ask for a copy of their rehire eligibility policy and any other policy that addresses the employee separation process.
    When all else fails, ask a former colleague who still works for the company to share a copy of their policies on separating employees.
  4. Negotiate
    Salary is not the only thing that you can negotiate. Your employer will likely inform you of your rehire eligibility designation during your off-boarding process. If so, try and negotiate a different, less-serious, designation. If you violated a policy, explain that you unknowingly did so. Then offer a sincere apology for your inappropriate behavior. To your surprise, they may reconsider and assign a lower-level designation.
  5. Seek Legal Advice
    Some attorneys offer one free consultation, so you may gain useful guidance from that single interaction. Retaining one will have to be a purely personal decision. Keep in mind that this route can be very expensive. Unless you’re an executive who gets a severance agreement, it may not prove cost effective to create another expense if you need to land a new job quickly to survive. The legal process can also be time-consuming and distracting which you don’t need while trying to land or learn a new job. The demand could negatively affect your success on your new job when you land it.

IN CONCLUSION:

Being labeled as “Not Eligible for Rehire” can be discouraging, but it should not define your future career prospects. Launch your new job search. Not every employer checks references and not every employer asks former jobs about a person’s rehire eligibility. So, be encouraged and know that your next employer is just around the corner if you are persistent. Don’t put all of your hope on one job or employer.

You know that my goal is to help you live your best career life. So, I hope that you found today’s post useful. Wherever you’re watching, please share, subscribe and comment or send me an HR question. If you’re watching on YouTube, please make sure to like my video because it’ll make the algorithm happy and help me to reach more people like you who want to live their best career life.

If you’d like to see more videos like this, or others to help you prepare for your successful job search, visit my site, HR by Nnamtique (https://nnamtique.com). 

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