If my manager lied and put me on the no hire, is that legal?
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If my manager lied and put me on the no hire, is that legal?
My manager lied and put me on a do not hire list back in february and I just found out about it now. So, I called corporate for my chain restaurant and they said I was a do not hire list. We then talked to a manager for the place I used to work, and he said I did not show up to work, and the GM said I didn’t finish out my 2 weeks, and therefore put me on that list. I did not show up three days due to an eye infection but I gave them doctors’ notes. So now, looking on my computer I have pictures and videos of me on my last day at work, and then a picture of me with my eye infection and I’m going to get records showing I was at the doctor. During that time back in February when I left the job I was trying to transfer to another restaurant in that chain. They wouldn’t hire me after promising they would, and I was out of work for a few months because I put them on my references as a past job and I was on this list. I am in debt now because of this, and I went through many hardships because of this.
Asked on December 15, 2016 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, it is legal: there is no law requiring an employer to hire any given person, and they can put anyone they like on a "no hire" list for any reason--and if they do, then it is legal to tell others about that, since it is legal or permissible to tell the truth to prospective employers about your relationship with an ex- or former employee. Also, having an eye infection does not legally allow you to miss work, even with doctors' notes (a doctor's note has no legal power over your employer) unless you had and used paid time off you'd earned (like sick leave) for the absence or were eligible for and used FMLA leave, so it's not even a lie to say you failed to finish out the 2 weeks in this case, since the eye infection would not have made it ok to do so (unless you used sick leave, etc.).
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