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  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Default Rehiring Bias

    Previous employer "phased me out" and at exit interview, I politely (truly was) shared with a senior exec my concerns about where the company's mission had been ignored. HR mgr told me at exit interview they would gladly rehire me if a job came open down the road. Just recently, I was given a verbal offer by a sales manager to rejoin the company, but the executive that was at the exit interview years ago negated the hire and told the sales manager he couldn't hire me. Is this potential blacklisting? Or breach of verbal contract by what HR mgr had told me, or breach of verbal contract since sales manager offered me the job? Can exit interview comments, especially non-confrontational ones, be used against a rehire in this fashion?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Rehiring Bias

    Is this potential blacklisting? No. Being made ineligible for rehire is not even remotely close to blacklisting.

    Or breach of verbal contract by what HR mgr had told me, No. An inspecific reference to a possibility in future is not a contract or guarantee of employment.

    or breach of verbal contract since sales manager offered me the job? A very, very weak maybe on this one, with a ton of qualifiers dependent on exactly what the sales manager said. However, unless you quit another job in order to take this one (and depending on what state you're in maybe not even then) the damages you would receive even if successful would almost certainly not exceed the costs of a suit. And there is no guarantee that you would be successful.

    Can exit interview comments, especially non-confrontational ones, be used against a rehire in this fashion? As you have worded the question, yes, they can.

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: Rehiring Bias

    The one thing left out is that at my phasing out exit interview I brought up the issue that as a 40+ white male, all my duties were being given to a 30-year old minority female with less education and tenure. They refused to comment. I did not file an EEOC complaint then because I was told by HR manager that they would rehire me if another job came open. My window to file has since expired, but now with this second situation of overriding my verbal offer, I feel the same discrimination is in place. Can I still file with EEOC over this current issue built on old one, or have a potential discrimination case to discuss with attorney?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Rehiring Bias

    What evidence do you have that you were phased out/not rehired BECAUSE you were a 40+ white male? It takes more than the fact that your job duties were given to someone of another age, race and ethnicity. Particularly since you are outside the window.

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