Legal Question in Employment Law in Kentucky

I was recently let go from an employer I was with for 15 years due to downsizing. I have found out when potential employers phone my previous employer & ask if I'm eligible for rehire, my former office director is telling them I am not eligible. When I spoke with them about this, I was told that answer was given due to the fact that they do not hire former employees & not due to any performance issues. I have told him, which I know he already knew, that is not the question it is if I am worth rehiring because of my performance. He however is still insisting on answering this way. Is he allowed to do this because of how the question is phrased " is she eligible for rehire"? I have lost out on several great opportunities due to this.


Asked on 7/07/11, 4:00 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

He can give that answer to the question, because technically it is the truth: you aren't eligible for rehire. However, I would be certain to tell any potential employers that it is a company policy and it is not reflective of your performance, and that they should confirm that with your previous employer when they call for a reference. You could also give other references from the same employer who could further verify that you were an excellent employee who was merely a victim of the economic downturn. I should think if a company is really interested in you, they wouldn't reject you based on someone else's policy that they do not rehire former employees.

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Answered on 7/07/11, 4:59 pm


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