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Moe975

Junior Member
What is the name of your state (only U.S. law)? Tn


I have a quick question. I resigned from my position with the state and gave my 2 weeks notice. My boss said no that is ok and said today is my last day ( the day I resigned). She made me sign a paper that stated I resigned effective immediately. Because she would not allow me to write a letter of resignation, I wrote by hand on that form "With 2 weeks notice" so I could document I in fact did leave 2 weeks notice ( state law requires only 10 days notice). I was not expecting my boss to act this way at all and wanted to let her know so she could start looking for a replacement.

Later, I receive a letter stating I am a "no -rehire" because I did not leave the required 10 day notice. Ok, so I sent a letter to the commissioner and got a letter back saying that it is changed to Re-hire. 2 weeks later I check and HR never processed it through and I am still "no-rehire" according to their employment verifications number. In this time I was denied 2 jobs because of the no-rehire status. The agencies have told me this.

I went to HR to see why it was not changed in their system and I got the song and dance it takes up to 4 weeks to change over. I talked to an HR person face to face. They sent an email to another employer ( who has been patiently waiting and quite frankly sick of waiting on the state) saying it takes up to 4 weeks to process and update in their computers. 4 weeks is 2 days away and it is still not updated. When I went to HR to talk to them I was bullied, intimidated, and talked down to because I went to copy my records in my employment file, which showed no copy of the commissioners letter at all. He stated it was sent to them 2 weeks prior.

I have called and talked to HR mangers and left voice mails for dozen people in HR that no one has returned in 3 days. If this is not updated in the 4 weeks they are promising, what can I do? This job that I am trying to get I just paid $1000 for a class I need that was 1 week for them and now if this is not done I will not have the job and be out that money. HR is well aware this is causing a hardship for my family. I also contacted my local state Rep and they talked to a liaison who just spewed the same 4 weeks garbage back to me. I have never dealt with so many people incapable of helping a person. I feel this is all deliberate to make me wait out the entire 4 weeks time.

Thanks.
 
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justalayman

Senior Member
So, why did you sign a letter with the date of resignation the day you gave 2 weeks notice?


Not sure how you can add "2 weeks notice" to "my resignation is effective [this date]" and that does not include your 2 weeks notice.
 

cbg

I'm a Northern Girl
The fact of the matter is, legally they do not have any obligation to list you as a rehire no matter how much notice you gave; nor is there any law requiring that they allow you to work out your notice. Additionally, in your state they do not need to even let you see your file, let alone copy it.

Bottom line, while I am certainly not going to try to tell you that the situation was handled well, your employer violated no laws or protected rights. There is no law or even your elected representatives can invoke that will force them to speed up the process. It's going to take as long as it takes, and if you pester them to the point where they decide to make you a no-rehire for good, no law is going to tell them they can't.
 

LdiJ

Senior Member
The fact of the matter is, legally they do not have any obligation to list you as a rehire no matter how much notice you gave; nor is there any law requiring that they allow you to work out your notice. Additionally, in your state they do not need to even let you see your file, let alone copy it.

Bottom line, while I am certainly not going to try to tell you that the situation was handled well, your employer violated no laws or protected rights. There is no law or even your elected representatives can invoke that will force them to speed up the process. It's going to take as long as it takes, and if you pester them to the point where they decide to make you a no-rehire for good, no law is going to tell them they can't.
I really don't like to question you at all on these issues because I know that you know your stuff...but could the rules be different when its a state job? They are in my state, so I wonder perhaps if they are in OP's state.
 

cbg

I'm a Northern Girl
My apologies - I missed that this was a state job. However, while I acknowledge that in the OP's state he should be considered eligible for rehire under the circumstances he describes, I could not find anything in the state's laws on the subject that provides a specific time frame for the correction to be made.
 

commentator

Senior Member
I am in your state, I worked many years for your state government, and frankly, I think they are doing a darn fine job for TN. Because there are NO laws, no requirements that give state employees much more than the regular laws for all states. I am still looking for the "state law requires ten days" thing you quoted. Have you talked to the TSEA? Because they're about the only recourse you'd have, only thing that differentiates state employees.

The four week deal is about par for processing something through HR in our state employment system in my experience. TN policies as a whole do not love employees, and treat them poorly, in state government and in private industry. You did the right thing by going through your legislator, because now that attention has been called, they probably won't just completely lose your paperwork in the bushes.

And what cbg said, you can demand to see and copy your HR files, but really, there's not much of anything to be accomplished. Why do you think your letter from the legislator should be in there yet? It's probably on someone's desk, hasn't been filed yet. They're not all electronic, you know.

And frankly, I think you're slipping under a huge hurdle here if they let your "handwritten" statement that you gave two weeks notice override the dates on the official paperwork which your old employer submitted. Whether it takes four weeks or not.

You are all bent out of shape because you may not get this job, due to the employer being unwilling to wait the four weeks on you. Incidentally, they really do not have to have all this documentation from the state officially in place, they're just telling you this. If you're in the process of getting this done, if it's coming, just not right now, they could wait.

If you went in there to "big personnel" as we used to call it, the state HR and demanded that they do this or that for you right now instead of in four weeks when the processing is complete, you're wasting your time, and can't really expect them to respond as you'd like them to. In fact, it is entirely reasonable and possible that they're working with "green screens" and that their processing does actually take four weeks.

It's not their fault your employer doesn't want to wait on you. Or that your previous employer did not want you to work out a two weeks notice, which was the start of your whole issue here, really. Or that you spent $1000 to take a class for the new job. As I said, if this new employer wants you bad enough, they'll wait, they'll hold the job for you. If not, they'll use this as an excuse not to hire you. And it won't be HR's fault.

Repeated calls and complaints to HR is probably not going to make things go any faster. Threats to sue them or file complaints against them with somebody (Bureau of Fairness, maybe?) isn't going to speed up the process. They've dealt with lots of other cases. They know you have no real recourse or threat, and being threatening to them doesn't help as a general rule anywhere.
 
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