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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
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Experience:  19+ Years of Legal Practice in the Employment law arena.
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Several months ago my job position was eliminated due to a

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Several months ago my job position was eliminated due to a decrease in the workforce. When i was let go, I was told i was free to reapply for other positions and that my previous write ups would not be held against me in reference to rehire to the company. Recently, I reapplied, was called in for an interview, and the next day was offered a position. The following day I was called by HR and told that they were withdrawing their offer for rehire. When I asked why, I was told that the manager who had interviewed me and decided to hire me, changed her mind because of my previous write ups over the last 2+ years of employment at the company. When my job position was originally eliminated, I left on good terms. I received a severance package, and was told that I was free to apply for rehire and that the previous write ups would not be held against me !
Submitted: 4 years ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 4 years ago.

Hi, this is unfortunate.

 

Unfortunately, the comments about past history not being held against you was not a contractual term they are obligated to abide by, unless you had it in writing and there was consideration for same, such as in a that severance contract. Promises without consideration, offer/accept, etc., are not binding, unfortunately.

 

This is one of the problems we do have when we apply to the former employer for a new position - they have our personnel files at their disposal. THis generally is NOT the case when we apply with a new company, as the old one will rarely open its mouth about negative prior write ups - due to fear of lawsuit/defamation, etc. However, internally, it is free to do so.

 

I wish it were different! Keep in mind to, that a different boss on a different internal position may not feel like those write-ups are a big deal, but it really up the hiring supervisor.

 

 

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AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11845
Experience: 19+ Years of Legal Practice in the Employment law arena.
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