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Not Eligible for Rehire

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ladychurch

New member
I am in Colorado.

1) Am I permitted to ask my former employer why I am not eligible for rehire? Also, should I ask the company I actually worked at or the agency I worked through?
2) Are they required to respond?
 


Taxing Matters

Overtaxed Member
I am in Colorado.

1) Am I permitted to ask my former employer why I am not eligible for rehire? Also, should I ask the company I actually worked at or the agency I worked through?
No law prohibits you from asking either firm why you are not eligible for rehire. Logically if it was the company at which you worked that said you were not eligible for rehire that company would be in the best position to know and tell you the reason. But you could ask both if you wish.

2) Are they required to respond?
No.
 

PayrollHRGuy

Senior Member
I'm assuming you were working for a temporary agency assigned to a company.

While you are free to contact the company you were assigned to and free to ask them anything you want, doing so may well upset the temp agency and stop you from being assigned anywhere by the temp agency.
 

Zigner

Senior Member, Non-Attorney
1: Yes - and you would ask your employer. The company is not your employer - the agency is.

2: No

Further information:
Colorado private-sector employers are required to provide access to and allow copies to be made of employee files upon request of the employee. The reason I answered "no" to #2 is that they don't have to tell you anything. You would be able to access and get copies of the file, upon request. They are allowed to charge you the reasonable cost for any copies. As a former employee, you only have one shot at it. Finally, their failure to respond (if they refuse) won't give you any cause of action to sue.


EDIT: This is just a basic summation that addresses the OP's immediate concern.
 

Taxing Matters

Overtaxed Member
Further information:
Colorado private-sector employers are required to provide access to and allow copies to be made of employee files upon request of the employee. The reason I answered "no" to #2 is that they don't have to tell you anything. You would be able to access and get copies of the file, upon request. They are allowed to charge you the reasonable cost for any copies. As a former employee, you only have one shot at it. Finally, their failure to respond (if they refuse) won't give you any cause of action to sue.
But it is unlikely that the OP's personnel file with the temp agency (which was the actual employer) will state the reason the OP is ineligible for rehire at the client. In any event, neither the employer nor the client is obligated to respond to the question when asked of why the OP was not eligible for rehire.
 

Zigner

Senior Member, Non-Attorney
But it is unlikely that the OP's personnel file with the temp agency (which was the actual employer) will state the reason the OP is ineligible for rehire at the client. In any event, neither the employer nor the client is obligated to respond to the question when asked of why the OP was not eligible for rehire.
The employer (the agency) doesn't have to state the reason, but the employer IS required to let the OP examine his personnel file and make copies upon request by the OP. I agree that the personnel file is unlikely to contain the information the OP is looking for.

EDIT: Not arguing, just emphasizing.
 

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