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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I have been working for a facility..at first for 2 mons. the

Customer Question

i have been working for a facility..at first for 2 mons. the boss up and fired me/accusing me of taking a book & dishwasher soap???!!i basicallly chased the owner down and she re-hired me. In the last 3 mons. four have been fired and re-hired. Now, i was told that i had to get a new background check, TB test, re-certification and CPR/first aide. i have everything except the CPR (which the person was supposed to be called when i came. And the test is about 20 mins. long. Have called the owner with no response/have not worked for over a week
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Washington
JA: Has anything been filed or reported?
Customer: No, the thing is. The boss fired me and the rehired me. All my files disappered making me have to start all over!
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is it illegal for fire and rehire people within a month or two?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. I am truly sorry to hear about all this.

Unfortunately, though, there is nothing illegal about firing and then rehiring someone. As a general matter, employment in the state of WA is purely "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. So, the relationship can be terminated and recommenced at any time for just about any reason.

You can certainly refuse to undergo all the new hire requirements being imposed upon you for the second time. However, your employer is not legally required to employ you if you refuse. So, while it's quite unfortunate and understandably frustrating, you have to decide whether you want to do what your employer is asking or seek alternative employment somewhere else. I am truly sorry.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....