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Longwinded "Unreasonable Refusal to Rehire laws" questions Minnesota Minnesota

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  • Longwinded "Unreasonable Refusal to Rehire laws" questions Minnesota Minnesota

    In January 2008 I was hired to work for (national health insurance carrier). In June, 2008 I had brought some issues to the attention of my supervisor regarding someone in a team lead position sending rather abusive emails towards me basically calling me stupid on more then one occasion. I kept the e-mails where this person basically calls me stupid and talks down to me. The supervisor didn't like that I mentioned it at all.

    Also, the supervisor wanted to write me up for a training error where I processed the claim correctly according to our training materials (which I have email copies of the proof of both the abusive emails and the processing error training manual still to this day). There was a specific way we were told to process certain claims, and I followed those guidelines. I have the printed material from the date of training. They changed the policy after I made the error of processing it incorrectly and to set an example, wanted me to take a write up on my permanent record because I made the error.

    I didn't want to take the write up so I talked to other co-workers about it (others had made the same error and were in training with me and weren't being penalized) and drafted an email to my manager explaining why the error was made, the abuse from the team lead, etc.

    Instead of reading my email and discussing the matter with me, my manager and supervisor brought me into a room and belittled me and bullied me for an hour telling me not only would I be signing the first write up for their training error, I'd now be getting a second insubordination write up because I had talked to coworkers about the situation and asked them for advice. Oh and I'd better stop discussing these matters with my coworkers. They wouldn't let me respond to their demands and I was genuinely scared and terrified. They said things like, "maybe this isn't the right job for you" and "maybe you'd better consider other employment opportunities", etc. I didn't even know how to respond because it was so upsetting I was near tears. I really was SCARED.

    I'm bipolar, and when they brought me into the room and gained up on me for an hour, I became extremely paranoid and went home (crying mind you). I called the HR department crying and gasping for air, and they told me to take the write ups and return to work even though I was afraid for my safety because of how the manager and supervisor had bullied me and I was terrified they'd do it again in a room alone. They just made it sound like I was being unreasonable by fearing for my safety. I've never FEARED for my safety in any previous job! I have a very hard time with confrontation and will do anything to avoid it due to my disease and post traumatic stress disorder. Both issues I have health-wise are documented.

    I told the HR person I wasn't comfortable going back to work, I couldn't. I wanted them to try to resolve it, they wouldn't. I had to quit at this point. I let the HR department know that I wouldn't be returning to (the employer) after that day because I was afraid for my safety.

    I tried to see if this was an ACLU violation (what had happened) but because the bullying wasn't directly related to my bipolar disorder, it wasn't. They were discriminating against me for other reasons other then disability.

    One year later I applied for another position in a different department with (the same employer) through an employment agency . The position wasn't even in the same building or department. I went in for the interview and they wanted to re-hire me pending the drug test. I then get a call from the employment agency I used to apply for the job saying I'm not rehireable after all, despite (the employer) telling the employment agency prior to the interview, I was rehireable.

    Last month I applied for yet a second position mind you 2 years after I had voluntarily quit (and never signed this 'write up'). I got a call from the recruiter from (the employer) and she said they wanted me to go in for an interview with the hiring manager. I went in did the interview and nailed it, it went really well. The only thing that went poorly, the hiring manager had no idea I had worked at (the employer) in 2008 despite me putting it on my (employer) Career profile, application, and resume.
    After the interview, I checked the profile status on (the employers) website and I received a notice saying, "you're not eligible for the position". Considering EVERY SINGLE QUALIFICATION I HAVE MATCHES THE JOB DESCRIPTION FULLY, I couldn't understand why I wouldn't be re-hirable or 'eligible'. I e-mailed the recruiter saying I was upset they wasted my time a 2nd time for an interview when they have no intentions of ever re-hiring me apparently and I'm on some sort of black ball or 'no re-hire' list. I asked her to disclose if I am on such a list or not, and haven't heard back from her since.

    My question is, considering the proof I have regarding the reason I quit, is (the employer) refusing to re-hire me for positions I am qualified or over-qualified for against any law? And what about continuously wasting my time to come in for interviews despite this black ball list where I have no chance of getting the job to begin with and they KNEW I worked at (this employer) before they call to interview me, etc. That seems harassing. It's happened 2 times thus far.

    Please any help would be great!

    PS: I kept all emails of the way I was talked to, etc. The manager went so far as to refuse to let me have a few of the emails (I was going to bring them to the district managers office after she met with me and screamed at me). She wouldn't let me have them and sent me instant messages in a demeaning and threatening tone.
    Last edited by cbg; 07-10-2010, 12:23 PM.

  • #2
    Unfortunately, employers have no legal obligation to rehire former employees. They are free to set policies regarding who is eligible for rehire or not so long as those policies do not engage in discrimination. Not rehiring you because you were insubordinate, whether you believe you were or not, would be legal.
    I am not able to respond to private messages. Thanks!


    • #3
      Agree, nothing illegal in your post. You need to move on & look for employment elsewhere - apparently your former employer does not want to rehire you which is not against the law based on what you posted.
      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.


      • #4
        You seem mystified as to why the employer won't rehire you so here's some clarification.

        1) You made a fuss with your supervisor about the tone of some emails you received from a co-worker. I haven't read the emails so I don't know whether they were belittling or whether you were making a mountain out of a molehill. Obviously your supervisor thought it was the latter.

        2) You supervisor disciplined you for an error in your work. You "refused" the write-up (which is not an option you have) and then you tried to rally co-workers to agree with you, causing further problems. Not a smart thing to do.

        3) When your supervisor and manager met with you regarding your discussing this private discipinary issue with all and sundry, you had a "melt down" instead of behaving in a mature and professional manner.

        4) You then called HR while in the midst of a huge over-reaction to the meeting and told them you were terrified and feared for your safety if you returned to work (which is patently ridiculous.) Then you quit without notice.

        So...when the various hiring managers check with HR after the interviews, they found that HR and your prior manager(s) had noted in your file that you were not eligible for rehire. Not exactly a surprise given the huge fuss you made when you worked there previously over a relatively minor incident.

        This company has no obligation to rehire you regardless of how qualified you are for any openings they have and you'd be very hard-pressed to find an employer that would rehire you under these circumstances.

        Nothing unlawful or "harassing" occurred. Having been told prior to the first interview that this employer would not rehire you, I don't know why you bothered to apply again.

        P.S. There is no such thing as a "blackball" list. What you encountered is that your personnel file is noted "not eligible for rehire."


        • #5
          ^^^Everything she said.^^^^^


          • #6

            I get what you guys are saying and I was never told I was on a no-rehire list exactly, the company I had applied through was told I wasn't eligible for re-hire. I know it sounds strange when I said the e-mails from the team lead were abusive, but if you could read them I believe you'd be in shock. I know that sounds strange, and without going into too much detail, there were reasons for me going to the supervisor. Also, the "no write up" thing was because I followed what the directions were on the training manual and after they decided to punish me and only me for the error (there were two other coworkers who made the same error based on the training we were given), then then changed the training manual and said I just "should've known". Sorry, I'm not a mind reader. I'm going back to school now anyhow, so I don't particularly care about this employer and I think I am going to make copies of the emails and release them all over town so everyone can see how this health care insurance provider REALLY does business.....then again, maybe going back to school and getting a real job will make me less angry at the company for the b.s. and abusive behavior their management displayed. Either way, I received an A in Medical Terminology! Go me!


            • #7
              Originally posted by minnesotahaterz View Post
              ven)I'm going back to school now anyhow, so I don't particularly care about this employer and I think I am going to make copies of the emails and release them all over town so everyone can see how this health care insurance provider REALLY does business.....then again, maybe going back to school and getting a real job will make me less angry at the company for the b.s. and abusive behavior their management displayed. Either way, I received an A in Medical Terminology! Go me!
              Releasing the emails will justify the company's decision not to hire you because you are so unprofessional. You say it was a health care insurance company so depending on what is spoken about in the emails you could also be violating the law.

              You should chalk it up to experience and move along. Burning bridges is never a good thing since someone you previously worked with may turn up in a position of authority at your next company or as a person who makes hiring decisions.


              • #8
                I think I am going to make copies of the emails and release them all over town so everyone can see how this health care insurance provider REALLY does business.

                It sounds like you're already going to have a tough enough time getting a decent reference from your prior employer. Doing this will ensure that you don't.

                It appears you have some challenges evaluating options and determining what's in your own best interest.


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