If my position was eliminated due to reorganization and I was told in the exit interview that my termination was not related to my performance, why am I not eligible for rehire?

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If my position was eliminated due to reorganization and I was told in the exit interview that my termination was not related to my performance, why am I not eligible for rehire?

Asked on January 20, 2016 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Because at the end of the day, your employer has an absolute right to:
1) Set general policies for hiring or rehiring--including no rehires even when the employee was not let go for cause or performance issues; and
2) Determine whether or not to rehire a given employee (e.g. you)--and if they decide to not rehire, do not have to tell you the true or correct reason, but rather could (to spare your feelings or avoid a confrontation, for example) blame it on your alleged ineligibility for rehiring.
They simply do not need to rehre you, or even consider you for rehiring.


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