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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118753
Experience:  20+ Years of Employment Law Experience
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My husband and I worked same employer + years. My husband

Customer Question

My husband and I worked for the same employer for 10+ years. My husband quit a while back for personal reasons. He left on good terms and was told he was rehirable.
Several years later, I was injured on the job and had a workers comp claim which ended with me quitting because I could no longer physically do my job efficiently and about six months later, I settled the case.
My husband decided to go back to that employer and try to get rehired. He then was told he was not rehirable.
Submitted: 1 year ago.
Category: 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.
Hiring is at the discretion of an at will employer. Even though he quit a while back, it is up to the employer to decide whether or not they want to rehire him or not. In order to have a case against the employer you have to prove they are refusing to hire him based only on his age/race/sex/disability/national origin. If you do not have proof of that, even though they told him they could rehire him later, if they now do not want to rehire him as an at will employer that is their legal decision.