Can I be banned from hourly employment with a company I had previously been contracted to work for?

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Can I be banned from hourly employment with a company I had previously been contracted to work for?

After holding a hourly position as a hospitality employee for a franchised club I became a personal entertainer. I recently applied at another club franchise for hospitality. I stated on my resume and in my interview that I was a dancer at which time I was told that being a contracted employee at another club at any point in time would not exclude me from being hired as an hourly employee. I called to check on my application and was told I was listed as a “Do Not Hire” because I had been a dancer and could not work as an hourly employee at one of these clubs ever again.

Asked on November 23, 2010 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, you can be absolutely banned from or refused employment at a company you used to work at. Private employers are under no obligation to hire anyone; they can decide for themselves whom to hire, and can refuse to hire someone for any reason that is not specifically made illegal. The illegal reasons to not hire, moreover, are very few and specific; for example, no discrimination against people in employment on account of race, age over 40, sex, disability, or religion; no retaliation against someone for using a legally guaranteed right, like FMLA leave, or filing a legally protected claim, like a wage and hour complaint. Outside of those few specific categories, however, employers are free to decide who they will hire and who they will not, and for what reason(s).

 


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