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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5565
Experience:  Exclusively practice labor and employment law.
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I submitted my resignation letter today. My employer was

Customer Question

Hi, I submitted my resignation letter today. My employer was threatening not hiring me back if I quit. I have stated clearly in the letter that I will give 2 weeks to complete my task, however, according to my employer, this is my second time working for them, I am burning the "bridge". I was asked to think twice. Is this right?
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
I'll need to ask you some preliminary questions before I can give you an answer to your question. Is your question whether an employer can bar you from re-hire after you resign? In what State are you located?
Customer: replied 2 years ago.
I'm in Florida.
Expert:  John replied 2 years ago.
Assuming that the reason they will not re-hire you is solely because you resigned (and not because some other reason like your race or age), then a Florida employer is within its right to do that. Florida like most states is an employment at will state - meaning you can be disciplined or put on a do not hire list for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.
Being put on a "do not re-hire" list is not illegal unless it is combined with one of these exceptions. It does not appear that you have any of these exceptions. So I'd have to opine that it is not illegal.
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Expert:  John replied 2 years ago.
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