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not sure if this is discrimination, to you, but I think so California

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  • not sure if this is discrimination, to you, but I think so California

    Company policy, if an employee has a write up, (write ups stay on their personnel record for 1 year from date of the write up after three write ups in a year you will be terminated ) s/he is terminated, or quits, If s/he is hired back the write up becomes active again, until the write up has been active for 12 months.

    e.g
    employee had
    1 st write up 1/1/ 08
    2nd write up 12/29/08
    quits on 12/31/08
    is rehired in 2/1/09 now has a write up on file, not to mention it is active for 12 months. Nothing else is returned to the employee, evaluations, raises, benefits, just the negitive. So friends, what do you think?

  • #2
    Based on your post, I see no illegal discrimination here. An employer can more or less hire you back on their own terms.

    You can check back for other replies/opinions.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Originally posted by picklejar View Post
      Company policy, if an employee has a write up, (write ups stay on their personnel record for 1 year from date of the write up after three write ups in a year you will be terminated ) s/he is terminated, or quits, If s/he is hired back the write up becomes active again, until the write up has been active for 12 months.

      e.g
      employee had
      1 st write up 1/1/ 08
      2nd write up 12/29/08
      quits on 12/31/08
      is rehired in 2/1/09 now has a write up on file, not to mention it is active for 12 months. Nothing else is returned to the employee, evaluations, raises, benefits, just the negitive. So friends, what do you think?
      Hmmm. Well, I have to ask this-
      1. Who are you in relation to the employer?
      2. Who are you in relation to the employee?
      3. What makes it any of your business what is in another employee's employment record?

      I apologize for being brash, but consider that I see no way this is your business. Consider that if you are a direct supervisor, and your supervisor let them return, you can always ask that supervisor. If you are not a direct supervisor, I see no reason whatsoever that you should have access to their employment record. If you are a relative of the employee, ask them. And.....if they tell you it's none of your business, then it's probrobly not.
      I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
      Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
      I also may not have been either sane or sober when I wrote it down.
      Don't worry, be happy.

      http://www.rcfp.org/taping/index.html is a good resource!

      Comment


      • #4
        Illegal discrimination on what basis? Rehired employees are not a protected class.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Discrimination

          Originally posted by picklejar View Post
          Company policy, if an employee has a write up, (write ups stay on their personnel record for 1 year from date of the write up after three write ups in a year you will be terminated ) s/he is terminated, or quits, If s/he is hired back the write up becomes active again, until the write up has been active for 12 months.

          e.g
          employee had
          1 st write up 1/1/ 08
          2nd write up 12/29/08
          quits on 12/31/08
          is rehired in 2/1/09 now has a write up on file, not to mention it is active for 12 months. Nothing else is returned to the employee, evaluations, raises, benefits, just the negitive. So friends, what do you think?
          First I would like to say to Cactus Jack that apologizing for being brash doesn't cut it. If you are not going to attempt to answer somebodys question, why bother posting?

          Each company has their own hire and rehire practices.

          We are not forced to take jobs offered. The person rehired did not need to accept the job if they were not happy with the rate of pay or benefit situation.

          Since the write up was only active for 2 days prior to quitting, being active for 12 months seems fair, it is their policy.

          I do not see any discrimination.

          Comment


          • #6
            If Cactus Jack needs to be reprimanded, it is my job to do it, not anyone else's, so I'd appreciate it if everyone would back off. I'll take care of it if it needs taking care of.

            Picklejar, nothing you have posted suggests illegal discrimination.
            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.

            Comment


            • #7
              reprimanded

              I don't believe what I posted was a reprimand. My apologies if it was taken that way.

              Comment


              • #8
                not sure what I started, but it is clear some did not understood it was a question on questioning their policies. Thank You Betty 3 for your reply, and I totally agree with you hoogieb

                basically to me it seemed the employee is not being treated the same as someone hired who never worked for this company before, who now has 3 chances before they could be terminated, but the rehire will only have one. It is obivious now, that giving examples and trying to simplify my question only made it go off track. "they did not have to accept the job" , why do you care?, myob, etc. by the way I am not trying to re ask the question, just wanted to be clear on my post

                catus jack, can I suggest a shot of Patron, you seem a little tense

                Comment


                • #9
                  Your subject matter led me (at least) to think your question was, is this policy illegal discrimination. And it is not.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    Once again, if a poster needs to be spoken to, I'll do it.

                    Okay, fine. Yes, it is discrimination. But as you have already been told, it is not ILLEGAL discrimination. Most discrimination is perfectly legal.
                    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.

                    Comment


                    • #11
                      Picklejar, I do not need any alcohol as I am certainly not tense. Instead I stated the facts. I have been an employer and an employee, and I know that from either of those angles if anyone was inquiring about my employment record and they didn't have my consent nor have the legal authority to request the same, I would be infuriated.

                      I have no idea what country you are from, but in America employees still have some privacy left.
                      I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                      Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                      I also may not have been either sane or sober when I wrote it down.
                      Don't worry, be happy.

                      http://www.rcfp.org/taping/index.html is a good resource!

                      Comment


                      • #12
                        cacuts jack, here is a thought
                        The person may have asked me my thoughts on their situation, I asked the question if anyone else thought it was discrimination and to hear their opinions on the companys policy.

                        btw
                        . I never said I was looking at someones personnel record.

                        Comment


                        • #13
                          I'm going to say this one more time.

                          Picklejar, if you have a problem with the way someone addresses you or your question, the way to deal with it is to bring it to my attention.

                          Jack, if you have a problem with the way someone addresses you or your response, the way to deal with it is to bring it to my attention.

                          Have I made myself clear?
                          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.

                          Comment

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