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Rehire Question

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Salty_45

Junior Member

What is the name of your state ? Virginia

I'm having an issue with a former employer. I'm being being told that I will not be considered for rehire until an investigation- NOT involving me- is completed at another job. Which, I have a feeling really an absolute no on my rehire, regardless of the the outcome in the investigation with the other job. I having a hard time understanding this, and I'm hoping somebody can fill me in and tell me if I have any legal recourse here.

Here's the story. From Feb 2004 to June 2008, I was employed with a Hampton Roads police department. During that time I received good/ very good evaluations and got along well with both supervisors and fellow officers, I knew my job and feel that that did it well. I thoroughly enjoyed my line of work and where I worked. In June of this year, I resigned, voluntarily and on good terms to pursue an opportunity with another police department in Georgia. This police department was growing and had just hired a former Sergeant from my dept. in Va as their new Chief. I was not friends with this man, had never worked directly under him and only had limited contact with him. He was the senior Sgt. on the shift opposite me in the same district and I only knew him by reputation and the satisfaction of the officers working for him. {I say this to show that my case involves no favoritism or anything questionable regarding my employment in Georgia. I had already been looking for a place further south to be close to my wife's family and wanted to live/work somewhere with a lower cost of living and this turned out to be a perfectly timed opportunity}
After several months of employment in this new town, I saw my opportunity very quickly disappear. Without going into details, the city government and police department in this small Georgia town all but destroyed itself- right before my very eyes in a little more than 36 hours. I witnessed unethical people do quite unethical and some illegal things. Work in police dept. had almost come to complete stop and everyone was polarized due to several issues involving officers and the Chief. Very soon a lot of lies and accusations went flying which resulted in the mayor and city attorney conducting an investigation on the Chief of Police. The Chief and an officer were fired by city council, two employees voluntarily resigned (because of the circumstances- not under accusation) and one more will likely leave in the near future. Under the circumstances, I too did not feel comfortable working there anymore- I didn't know who I could trust, did not know who was the boss anymore and didn't even feel comfortable being in the same city. So, because I enjoy my job as a police officer and wish to keep my integrity intact, I cut ties and resigned very shortly after the mess began. I did not do anything, was not accused of anything and in fact was asked to stay when I turned in my resignation. I was asked for my previous job back and was told by my Hampton Roads employer that I could.....it had been officially approved by the Chief. So we came back to Virginia. That's when it happened****************************.
The day after I returned to Va. I was told that the Chief here had changed his mind and now would not rehire me. The reason given was that was he would not consider me because of the pending investigation against another former employee--the fired Chief of Police in Ga.
I let it go for while to see how long this would go on. The investigation continued through the first of this month and involved some pretty serious accusations-- the vast majority of which I strongly feel are totally fabricated, the rest have been twisted to suit the city (but I digress). The Chief didn't change his mind. I couldn't understand it, why am I being refused employment because of what somebody else is accused of?! Eventually I got speak with the Chief personally on the matter. I told him what the reason was that I was given and he responded by saying "Well you chose to go down there and work for Sgt "X"- and that's fine, but that was your decision; but I'm not going to (re)hire you while the investigation is ongoing". I said I didn't understand because that investigation has/had nothing to do with me.....he repeated he would not hire me back because of the investigation in Ga.; he then told me "I'm the one who chooses who to hire and who to fire, its my decision"; The investigation was concluded about that same time...and still no word.....I felt from my conversation with the Chief that it really was a definite "no", not just a "maybe- we'll see". Also when speaking with the Chief I reminded him that the City Mgr from Ga. was supposed to have called him and told him that I had not been accused of anything and was not under investigation- they had indeed spoken, but this didn't seem to matter or carry any weight with the Chief.
To me, and every other single person I know this is Guilt By Association**************whether or not that is illegal I don't know......It feels like the Chief has some sour grapes and is trying to punish me for leaving-- in addition to lumping me in with other guy who has been accused of wrongdoing. Also, a Sgt. here in Va. told me that the Chief is tired of rehiring people who come back after finding out the grass isn't greener on the side**************not the case with me and he knows what happened in Ga. I need to know if he has any legal position to not hire me again under these circumstances. I understand that they don't have to rehire me, but the reason they aren't seems downright wrong.....and is pretty lame.
What I haven't told you yet is****************************..the city as a whole has a policy certainly in a verifiable practice, if not in writing too, of rehiring employees if they return within one year....that's the entire city, not just the police department. I have, in fact, personally seen this happen several times during my employment there- and they were rehired by the same chief that now is refusing me. Also, the city/dept. decides when you leave if they would rehire or not and they put that on your final evaluation. If they marked me as not eligible for rehire, why then would the command staff tell me that I left on good terms -it should be OK- and then tell me that the Chief had reviewed my personnel file and approved me for rehire? To me the fact that the chief said yes after looking at my personnel file and changed his mind a day or so later says to me its because he's linked me to the other guy (the fired chief from Ga.) -- not simply because they don't want to rehire me. Shouldn't I be refused on my "merit" and not because of what somebody may have done?
I returned to Va. in Sept and have been dealing with this ever since. I've taken the matter all the way up the police chain of command, no change. I've even spoken to the Assistant Director at the city personnel office- he told me he thought the Chief was within his rights to not rehire me. He said he would have somebody look into it but didn't think they could help me. It felt like a brush off.....and it was, I never got a call back. I let it go because now I'm planning on taking the matter directly to the City Mgr here and see what he has to say.
I'd like to find out what, if any, the laws are regarding this (if there are any specific laws pertaining to this, please reference them directly- for my edification). I've searched some on the internet and haven't found much. I found this sight and hope that I can get some good info/ answers. I understand they don't have to rehire me**************.but the way they're going about it just doesn't set right with me- I mean if you don't want to rehire fine, but don't piss down my neck and tell me its raining......Besides-- why me?? Especially since the department/ city has practiced rehiring employees for many years. I've already proven myself reliable, I'm trained and have over years 4 yrs experience- I know my job, I know the neighborhoods, I know the people; I also have training and skills that I know for a fact they are in need of. This is not a case of things not being greener on the other side and I want my old job back; I had the rug pulled out from under me!!!

HELP !!!

Thanks,
Bobby
Baffled and Miffed in VirginiaWhat is the name of your state (only U.S. law)?
 


>Charlotte<

Lurker
I'm having an issue with a former employer. I'm being being told that I will not be considered for rehire until an investigation- NOT involving me- is completed at another job...I understand that they don't have to rehire me, but the reason they aren't seems downright wrong...I'd like to find out what, if any, the laws are regarding this...I understand they don't have to rehire me but the way they're going about it just doesn't set right with me
They don't have to rehire you. And you stated that twice in your post, so you are obviously aware of that. Following that logic, the law is that they don't have to rehire you. Your statement that it's not right might be accurate, in the sense that it's not fair, but "unfair" is not synonymous with "illegal".
 

cbg

I'm a Northern Girl
You want to know what the laws are? I'll tell you what the laws are. There are none.

Assuming that no legally binding contract or CBA that specifically says otherwise applies, it is entirely up to the employer in all 50 states who is and is not eligible for rehire. No law in any state requires them to do so. The only caveat is that they cannot violate Title VII and other related laws.

You have no legal right to rehire and therefore no legal recourse. Accept it and move on.
 
I had the rug pulled out from under me!!!
With all due respect, this is not true; you voluntarily left, and now, you're regretting that decision. It has nothing to do with them "pulling the rug out from under you", or any other euphemism.

You left for greener pastures that ended up being full of horse crap... take whatever you can from the situation and move on. BTW, Fairfax county is hiring :)
 

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