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Do NOT Rehire----Want to view my employee records

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  • Do NOT Rehire----Want to view my employee records

    I just found out this year that the local hospital I used to work for over 13 years ago has me listed as a DNR(Do Not Rehire)..I contacted the HR dept here and they recently informed me that a TN Subpoena is required to view my old employee records.
    This has completely hindered my chances of ever working in any healthcare setting in this town and I need some serious advice..

  • #2
    TN law is silent on employees or ex-employees accessing personnel files. so you will have to get a subpoena to force them to let you have access.
    Somedays you're the windshield and somedays you're the bug.

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    • #3
      And even if you do that, there is nothing that is going to force the employer to remove the Do Not Rehire designation. A lot of companies won't rehire ANY ex-employee, no matter how good of an employee they were. It isn't the kiss of death.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        I can confirm that - I worked for one such company. In our case it was due to some complicated NDA and non-compete situations, but the point is that "No rehire" does not automatically translate into "bad employee".
        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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        • #5
          I may be reading wrong or missing something but if you haven't worked at the company in over 13 years; I really doubt they would have your employee records any longer. Most employee records can be discarded 7 years after end of employment with a company.

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          • #6
            Originally posted by Blessed123 View Post
            I may be reading wrong or missing something but if you haven't worked at the company in over 13 years; I really doubt they would have your employee records any longer. Most employee records can be discarded 7 years after end of employment with a company.
            Under the FLSA, the record-keeping requirements are either two years or three years depending on the type of record involved:
            • Supplementary basic records, (i.e., basic employment and earnings records and wage rate tables), order, shipping, and billing records, and records of additions to or deductions from wages paid, are required to be kept for two years.
            • Payroll records, certificates, agreements, plans, notices, and sales and purchase records, are required to be kept for three years.
            Somedays you're the windshield and somedays you're the bug.

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            • #7
              It's "possible" they might have them if HR told OP they need a subpoena to review the old records.
              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.

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              • #8
                True, but FLSA is just one of many, many laws affecting employee related record keeping. In this context, FLSA is mostly talking about payroll records. Payroll record keeping requirements are fairly simple in comparison to the Human Resources related record keeping requirements. And things like a "do not rehire" decision are on the HR side of things and not directly related to the FLSA law.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Our CFO likes to keep everything forever! It would be nice if he followed the FLSA. We are in Indiana, so some of our personnel and pay records have to be kept for five years. The CFO finally compromised on seven years on personnel and pay records though with the Lilly Ledbetter Fair Pay Act, he may want to keep pay records longer.

                  The "Do Not Hire" may be noted in an HR database. I would be surprised if the records are still around.Though if their HR is like our CFO it is possible.
                  Last edited by Blessed123; 11-02-2009, 08:51 AM.

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                  • #10
                    Agree with DAW re FLSA requirements & it's "possible" they "might" still have the employment records OP is looking for as per my original post.
                    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.

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                    • #11
                      One more time. There are many laws that have record retention requirements and there is no one-size-fits all answer that can be used for all records. I seem to remember that Legal Workplace.com has free articles including one on this subject that can be downloaded. I also worked for an employer who purchased a CCH book on the subject. My "The Payroll Source Book" has a chapter on payroll record retention only (not HR) that is dozens of pages long.

                      Regarding keeping records longer then legally required, I would say that was a bad idea. In the 1980s I was working for a manufacturing company who had an employee who started working for us in the early 1950s die of lung cancer. The estate claimed it from working for us in the machine shop breathing in nasty metal dust (quite possible), but he was also a 3 pack a day smoker. Since the employer had followed OSHA and industry guidelines as/when available, the employer was functionally immune from lawsuits. The employee instead sued the entire U.S. chemical industry, who in turn filed discovery against us. We had records going back to World War II, all of which ended up getting photocopied. We had meetings with chemical industry lawyers once a week for 18 months. I was disposed about things that happened before I was born.

                      You might want to talk to an attorney on this. The general rule of thumb is that keeping documents longer then required is a bad thing for the employer to do. I am familiar with the new law you mentioned, but I have not heard that legal community suddenly thinks that keeping documents longer then legally required as very recently become a good idea.

                      I keep hearing that regarding documents, employers should do exactly what the law requires. No more. No less.
                      Last edited by DAW; 11-02-2009, 09:00 AM.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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