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"Not Eligible For Rehire"

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hifly1231

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

I resigned from a company here in Cincinnati back in April 2008 due to pressing family matters, one of which being my father was diagnosed with cancer, and I needed to take care of him full time (he passed away in October). After his death, I contacted my former employer about returning to work. I was told that I'm "not eligible for rehire". I had never had any problems with my job with the exception of one Supervisor (I'll call her Jo) who obviously had it in for me (to this day I cannot figure out why), and would run to the Contact Center Manager everytime I sneezed it seemed. Many times I would be told by co-workers that while I would be on break, Jo would be seen over at my desk looking through my things, and on one occasion even put her hands on my personal property. The Contact Center Manager was aware of the situation, and even assigned me to a different Supervisor, and moved my desk away from Jo. I was never fired, and Jo's allegations were always found to be unfounded and frivilous. I contacted HR to find out what the reason was for my ineligibility, and was told that my file had been transferred to off-site storage, and that they would be unable to give me the reason for my status with the company. Is there anything I can do to find out why I'm ineligible for rehire at this company? And is it too late to do something about Jo, the Supervisor who constantly harassed me at this job?
 


seniorjudge

Senior Member
Is there anything I can do to find out why I'm ineligible for rehire at this company? And is it too late to do something about Jo, the Supervisor who constantly harassed me at this job?

No and yes.
 

ecmst12

Senior Member
'Not eligible for rehire' could simply mean that your position has been filled and they have no openings available. Or it could mean that they specifically don't want to hire YOU again. Either one is legal as they had no obligation to hold your job for you since you were out for so long. You can try applying for unemployment since you are now able to return to work and your fathers illness may be considered a valid reason to quit.
 

hifly1231

Junior Member
Is there anything I can do to find out why I'm ineligible for rehire at this company? And is it too late to do something about Jo, the Supervisor who constantly harassed me at this job?

No and yes.
So basically, they DO NOT have to tell me why I'm ineligible for rehire? And I would have had to have done something about Jo while I was still working there?
 

ecmst12

Senior Member
Nope they don't. And even if you were still working there, it's unlikely you would have any LEGAL recourse against Jo, only what your company offered through internal policies.
 

hifly1231

Junior Member
Nope they don't. And even if you were still working there, it's unlikely you would have any LEGAL recourse against Jo, only what your company offered through internal policies.
Actually:

Workplace Harassment is a Form of Discrimination

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority.

1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or

2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).

I should have pursued this while I still worked there.
 

Antigone*

Senior Member
Coulda, shoulda, woulda - monday morning quarterbacking is not going to help you.

You need to stop looking back. Move on and look for a new job.
 

Zigner

Senior Member, Non-Attorney
Doesn't matter - you didn't have a change in employment status due to Jo...


Actually:

Workplace Harassment is a Form of Discrimination

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority.

1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or

2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).

I should have pursued this while I still worked there.
 

anteater

Senior Member
Actually:

Workplace Harassment is a Form of Discrimination

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority.

[Where is the paragraph that fits in here?]

1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or

2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).

I should have pursued this while I still worked there.
Why did you not so artfully chop a paragraph out of the quote that you swiped from some website? You know, the paragraph that comes between "...federal authority" and "1. The conduct ....".

Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation (sometimes collectively referred to as “legally protected characteristics”) constitutes harassment when:...
 

Zigner

Senior Member, Non-Attorney
Why did you not so artfully chop a paragraph out of the quote that you swiped from some website? You know, the paragraph that comes between "...federal authority" and "1. The conduct ....".
Good catch.

However...let's say Jo was absolutely, positively harassing OP at work (sexually). It doesn't matter because of this:


I resigned from a company here in Cincinnati back in April 2008 due to pressing family matters, one of which being my father was diagnosed with cancer, and I needed to take care of him full time
;)
 

ecmst12

Senior Member
What protected characteristic under Title VII were you being harassed for? You didn't mention that it was based on gender, race, religion, etc. If the harassment isn't clearly based on some protected characteristic, IT IS NOT ILLEGAL. So that is why you would not have hand any LEGAL recourse.
 

hifly1231

Junior Member
True. But OP's selective editing ticked me off.
Well anteater, I really don't care whether you're "ticked off" or not... I don't know you, you don't know me, and me posing a question on this forum is NOT THAT SERIOUS. And quite frankly, there's nothing in what you call my "selective editing" that would change anything whatsoever having to do with this situation... In addition to that, I thought that this would be a great opportunity to get different opinions on a situation... not to be criticised and insulted by someone who is clearly a very unhappy person. From your attitude, I'm definitely seeing that this may absolutely NOT be the place for me to be seeking any opinions or advice. Very unfortunate.
 
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