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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20398
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am an employee at a hospital that is being bought out by

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I am an employee at a hospital that is being bought out by a healthcare system that I am not eligible for rehire according to their records. What do I need to do to keep my job? Should I step forward before I am confronted by management? Can they fire me?

Thank you for the information and your question. Can you tell me why you are not eligible for rehire for this company that is taking over your current employer's hospital? How long ago were you told you were not eligible for rehire? Has anyone told you that you will be let go because of the takeover? Are the employees where you work now going to be made to reapply for their jobs when the new company takes over or is it going to be a seamless transition with no applications, etc.?
Customer: replied 4 years ago.

Failed drug test. Twelve years ago was when I was given that status. No one has told me I was going to lose my job. No-we will not have to reapply for our jobs. Supposedly just a financial deal with few operating procedure changes. I don't know if my current employer knew of my status at my previous job when they hired me 12 years ago.

Hello again and thank you for the additional information. It is very likely that you will be totally unaffected by this takeover, at least in terms of retention or termination because of this status with your former employer. I say that because generally speaking this would apply to where you worked before, and not to where you are already working when a company takes over in a buyout. There is no reason to believe that you will even be on their radar at all since it has been 12 years and your personnel records where you currently work will not be merged with your old personnel records where you worked before. So, you really do not want to bring attention to yourself by mentioning this to anyone. It will only create an issue where none exists.

All that said, NC, like most states is an employment "at will" state. So, an employer is always free to terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate an employment contract, company policy, or employment discrimination law. So, right now you could be let go for any arbitrary reason unless your company provides you with more protection. But this other issue doesn't raise you likelihood of being let go as long as you are a good employee and have had no trouble with your current employer.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
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Customer: replied 4 years ago.

Thank you so very much for your advice. I understand everything you said in your answer. I definitely agree with not bringing attention to the issue. I just feel better about my situation after speaking with you. I appreciate your time and advice.

I apologize for the delay in getting back to you, I had to step away from my office for a while. In any event, you're welcome and best of luck to you.