Is that legal?

Question

First of all, if your not familiar with law, click the back button now.

Here's the story. I quit my job a few months ago. I did it with proper notification and no ill-will. The district manager even said that I could work there again one day.

Last week, I called into the store, and they had an opening for me. I sent my application and I was going to be called in for an interview, however when relayed to the District Manager, he denied my application.

Is that legal?

Also, keep in mind it's not usually up to DM's to hire/fire people at stores. It just had to be relayed to him because I was a previous employee.

On what grounds does he have to decline my application? I quit my job, with proper notice. That can't be legal, and I would like to call him and tell him that what he did was illegal and I'd be willing to get my family attorney involved.. but I'm not sure if I can do that.

To answer a quesiton..

I called in and asked how my application process was coming along. And the store manager who is a friend of mine told me that they were going to call me in for an interview and hire me, but when they brought it past the district manager, he said that he didn't want me to be rehired.

Which I'm not sure he can do, on the grounds that I asked him personally when I resigned, and he said alright and he went through all the channels for me.

The reason I quit was because I had just gotten off an active duty tour with the military, and I really needed to have the summer to myself.

FORGOT TO MENTION!!!
^^IMPORTANT

his reason for not hiring me,

i called the district manager up, and he said that when i resigned, i didn't give proper notice.

however, the way i quit, was i asked him if i could talk with him, and i told him that i really needed some time to myself, and i asked him if i could quit, and he said i could.

he then said he'd go through the channels, and that I could work there again one day.

What he said over the phone however was that I didn't go through the proper channels, and that I didn't give 2 weeks notice.. but my problem is that I went straight to him, and he was the one that did the paperwork for me.

That just can't be legal!

Answer 1

Employers don't have to have a reason to not hire or rehire you.

Answer 2

A couple of thoughts:

Why did you quit in the first place? Doesn't the company promote and hire within?

Were you that good of an employee? What comes to my immediate thoughts is that you self-terminated, but may have been in line to be discharged by the company and just beat them to it. How can you be so certain there is no ill-will? I would guess there is ill-will.

The company has the right to interview and hire whom they want as employees. Perhaps there was a better candidate for the position.

Face it: you put a big black mark on your name when you terminated and then a very short time later you are checking for a job. It's immature, unprofessional and does not reveal the character that I would want someone to be working for me.

Legally: they've done nothing wrong.

Answer 3

That depends on the written company policy and the laws of your state. In New York state they are not required to give preference to anyone, and even if it's a union job the person who decides who to hire is under no obligation to re-hire a former employee.

Where you live might be a different story, but it is very unlikely that once you quit a job, for any reason and even with proper notice, that they are required to give you any more consideration than any other person who is qualified for the job.

Answer 4

Yes, it is perfectly legal. Most employers in the US fall under the category of what is called "at will" employment. Under that precident, you have the right to reapply for employment but they have no obligation to hire you back, even if they said they would.

The only circumstance where they would legally have to hire you back is if:

You were a contract employee still under contract, or
The company's written and signed employee policy clearly states that you are eligible for reinstatement if you meet the criteria. (Some government jobs have this clause but it must be signed and approved before you leave your job, and then excercised within 60 days of relocation or returning)

Sorry to tell you this, but you don't have a case.

Answer 5

First, I would have to ask how did you come to find out that your application was denied by the DM? If that was the case the employer has the right not to hire you back, just soley based on your previous resignation.

Answer 6

What he did was legal, They have the right to hire any one they see fit.. You could have been a great employee but the often like to see new people come in so they can pay them less. I am sorry to say you have no legal actions

Sorry

btw, every thing was hear say any way and hear say dont hold up in law.. but what they did is legal

Answer 7

Employers don't have to have a reason to not hire or rehire you. As long as it was not based on your age, race, gender or religeon it's legal. Sorry.

Answer 8

I believe he has to at least give you a reason, if it does sound like he is just doing it for no reason, then go with the threat

Answer 9

sad but true, you should of had a witness. done the same thing my self once and got a hard poke in the rear, never again without having it on parer with copies and a witness.

Answer 10

Question

Why didnt you just transfer instead of quiting thre current job.