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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111602
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I WAS REFUSED EMPLOYMENT FROM UNITED PARCEL SERVICE BASED ON

Customer Question

I WAS REFUSED EMPLOYMENT FROM UNITED PARCEL SERVICE BASED ON A DON'T REHIRE RECORD ON MY H.R. REPORT . I WORKED AS A CASUAL WORKER DURING NOVEMBER 2013 . ONLY WORKED A COUPLE OF WEEKS . HURT MY FOOT DIDN'T FILE A WORKMENS COMP. CLAIM AND SAW MY ( OWN ) DR . WAS TOLD TO TAKE A WEEK OFF , THEN OK TO RETURN TO WORK , WAS TOLD AT THAT TIME WAS NOT ENOUGH WORK TO COME BACK .
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they are retaliating against you for actually filing a workers compensation case, then that would be illegal. If you never filed a workers compensation case, then they would have no real reason for making you a no hire. Under the law though, employment is considered at will, meaning they can refuse to hire anyone for any reason EXCEPT based only on their age/race/sex/disability/national origin and the applicant has no recourse. So in order to have a case against them in court you have to prove one of those reasons they do not want to take you back.

If HR is saying they have no reason for having a no hire mark on your file, you need to write a letter to HR and explain that there is no reason for the no hire and ask them to remove it, but unless this is based only on your age/race/sex/disability/national origin, legally there is no other recourse you can have under the current CA or US laws regarding this situation.

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