Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

HELP Hawaii

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • HELP Hawaii

    I really need some help on this one please. Is it legal in Hawaii for a company to disclose to potential employers that they are not re-hireable? Reason being is that a company that I know of has a termination sheet that asks "Is this employee re-hirable?" If that employee leaves and applies with another company and list us as a previous employer and calls to verify, are we obligated to answer this question if asked? If so, will they need to specify reason?

  • #2
    Yes, it is. It is a commonly held belief that employers can't say anything but name and rank when being asked for references. That is not true. They can say anything that is true or is honestly believed to be true, or is even honestly suspected to be true. On the other hand, you aren't "obligated" (at least under the law and under general circumstances) to answer any of the questions at all. OTOH, if you don't give, you don't get.

    Many employers have a policy of not rehiring anyone who quit, for example, which is perfectly legal.
    Last edited by Pattymd; 03-25-2007, 01:59 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      And Patty's answer is correct for all 50 states.
      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.


      • #4
        Originally posted by POI View Post
        are we obligated to answer this question if asked? If so, will they need to specify reason?
        You are not obligated to answer. You do no one any favors by not answering the question. If you refuse to answer, and are consistent on not answering for all inquiries, you may cause some good ex-employees to lose out on job opportunities.

        No potential employer will question a Yes response to "eligible for rehire," but they should ask why for a negative answer. You might decline to go into details.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


        • #5
          thank you very much for the quick reply. I can now forward this message on to those that deal with this type of situations.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.