Can an boss not allow a former worker to re-apply for employment?

UPDATED: Sep 30, 2022

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Can an boss not allow a former worker to re-apply for employment?

i was at a preschool and put a two weeks in for another job and asked if something happened if i could come back she said in policy they cant rehire because i didnt leave for a baby or a sickness i left for another job but the same company posted an add for a teacher and i asked i can reapply and was told i can not reapply and they let another teacher who left 4 times for other jobs come back but they wont let me reapply for a second chance of employment

Asked on May 10, 2017 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Is your treatment due to some form of legally actionable discrimination? In other words, are you not being re-hired because of your race, religion, disability, age (over 40), national origin, etc? If not, then your former employer is free to set the conditions of the workplace much as it sess fit. This includes who to hire or not re-hire.

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 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.

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