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do i have a case? Kansas

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  • do i have a case? Kansas

    here is the situation i am in...
    last year,i worked for a company they have a point system for attendance.
    within 3 months i had pointed out,due to alot of undue stress and emotional turmoil. my mother had passed away unexpectedly,my husband of 17 years left me four months later,i was on antidepressants and the doctor kept changing doses.....
    the points i had accrued were mainly from being late to work..i had a few absences but mostly from being late.
    in july of 2006 i had reached my limit on points,now i should say that my immediate supervisor was very aware of everything that was going on in my life at that time.
    i had applied for unemployment and recieved unemployment,the day i had pointed out i called the companies human resource guy and talked to him about gettin my job back.he told me that there was a 6 month waiting period and then after that i could reapply and from the sounds of things after speaking to my immediate supervisor i needed the time off.
    so i used the 6 months i had to get myself straight and able to get back to work.
    after this 6 months,i reapplied,and have been repeatedly denied employment.
    here is my issue...i had a co-worker point out 3 weeks after i did,she applied for and was denied unemployment and she got rehired without waiting the 6 months waitin period.my husband of 17 years,the one who left me is now living with the daughter of one of the office personel people who has clout with the company.
    my ex-husband who does not work for the company has gloated to our teenage daughter that i have been put on the no rehire list. now how would he know this unless his girlfriends mother is talking my personal business with him?
    so i guess im asking because i feel i am being discriminated against because i got unemployment benefits and noone else i know who has pointed out,or jus plain terminated for other reasons has all gotten their jobs back.

    i have asked repeatedly why im not being rehired and at first i was told i wasnt qualified for any of the positions...i worked for this company for 2 years.
    then when i questioned human resourses about that i was told in a rather snide way that they have the right to choose who the do and do not hire.
    then it comes out that im on this no rehire list??
    my immediate supervisor has told me she did not put me on that list and she has been tryin to get me my job back and isnt having any luck and she has been with this company for 28 years.

    so do i have a discrimination case because i feel i do on the one fact that i received unemployment. i also feel that my ex husbands girlfriends mother has a little something to do with this too.

    i welcome any input.

  • #2
    The employer is not under any legal obligation to rehire you unless you had a bona fide contract that says otherwise. The fact that you received unemployment has nothing whatsoever to do with whether this is illegal discrimination or not.

    They cannot put you on the no-rehire list BECAUSE you were on anti-depressants. But they can put you on it because you exceeded your points, because you were frequently late to work, because they were dissatisfied with your work, because your ex-husband's girlfriend's mother doesn't like you, or any reason that isn't protected under the law.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      reply..

      thanx for ur input..

      this company has two human resource people who do the hiring.one tells me there isnt any reason why i cant have my job back as long as my old supervisor is willing to take me back,(which she is very willing) and then he sends me to the other one who tells me that im not qualified.

      the employment trainer (who used to be the hr guy) told me to apply to a temp.agency, i have had no success with that either.

      the supervisors are the ones who put ex-employees on the no rehire list,and my old supervisor has told me to my face that she did not do this.

      but once again thanx for ur input....it is appreciated

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      • #4
        The point I'm getting at, though, is that you do not have a guaranteed right under the law to be rehired.

        It really doesn't matter who did or did not put you on the no-rehire list. Until everyone involved, which means both HR people as well as your former supervisor, is willing to rehire you, you're not going to be rehired. No law requires them to rehire you. They're not violating any laws by refusing, even if two of the three are willing.

        You might do better by putting some, if not all, of your energy into looking for work elsewhere, instead of putting all of it into trying to force them to do something they have no legal obligation to do.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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