Legal Question in Employment Law in Florida

Ineligible for rehire

I am a licensed health care provider, and have worked in this field for the last 14 yrs. Currently I found out a former employer in Mobile, Al. has classified me as '' Ineligible for Re-hire'' at their institution. I was not able to complete the full two weeks. My apartment was broken into during that time, and that prevented me from completing the full two week notice. I since have moved from the area and have been employed for the last two years without any problems in my hiring process that I am aware of.

Currently, I am seeking employment in Tallahassee, Fl.

I have been offered a position there, but after checking my references, they discovered this classification at this former employer in Alabama. I am concerned that this could prevent my hiring on with this position. I also feel that this classification was unjustly made, and even if does not cause problems with my hiring on at this new employer, possibly it could be a hinderance or problem later.

My question: Do I have any recourse or process in order to reverse or undo this classification made on my employment records at the hospital in Alabama?


Asked on 5/24/02, 11:11 am

1 Answer from Attorneys
Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: Ineligible for rehire

On the face of it, the answer is no, there is nothing legally you can do if an employer classifies you as not eligible for rehire. However, if you are black and all other black employees who quit are classified as ineligible for rehire or all mexican americans, all women or some other "suspect" classification is being so marked then that is a different story. From the facts as you relate them, though, there isn't much you could do. While there are a few cases of employer's libelling theire ex's, in this case there is no lible because you are in fact no eligible for rehire.

What I would suggest is contacting their personnel department and politely explain the situation. Better yet, call your old supervisor and explain the situation and maybe get that person on your side. Seems like it ought to be resolved, especially if you agree not to apply for rehire.

If you have any questions please do not hesitate to call me at 205-458-1100. Good luck.

Sterling L. DeRamus

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Answered on 5/24/02, 3:43 pm


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