Can a former employer not rehire you because you had a workers comp claim with that employer
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a former employer not rehire you because you had a workers comp claim with that employer
I applied for a job with a company I worked for before, I went to the interview, was hired verbaly on the spot, went and took a pre employement drug test and 2 days later they called me and said my rehire was blocked due to my past workers comp case.
Asked on February 28, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, they may refuse to re-hire you on this basis: hiring is "employment at will'--it is up to the free choice of the employer whom to hire--unless there is law protecting a certain group from not being hired. But there is no law requiring the re-hiring of people whom had previously had a worker's comp case during prior employment
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.