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  1. #11
    Join Date
    Oct 2016
    Posts
    2,885

    Default Re: Waiver

    I'll bet they don't have many more than I do (19 years in HR). But while talking to a higher up is certainly an option but from what you have written on these forums they are likely done with you and are not going to hire you back. They certainly won't hire you back if you walk in there with some waiver that you have had written up.

  2. #12
    Join Date
    Mar 2018
    Posts
    19

    Default Re: Waiver

    I did attempt to find someone else who was fired and re-hired by the firm as was suggested by a lawyer. I did find this person but this person was on contract and not a direct hire which I was.

    I have had one Private Investigator offer for a small fee to investigate this possibility. My concern with this is 1) the investigator said he will do this with calls to people he knows that work there 2) the company will be alerted to the inquires and come to some conclusion it is me seeking this information. 3) the investigator will be required to give the firm the name of the person who hired the private investigator. I'd like the panels inputs on #2 and #3.

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Waiver

    You do realize that the more you try to force the issue, the more you are going to look like someone they are never in a million years going to consider rehiring, right?

  4. #14
    Join Date
    Oct 2016
    Posts
    2,885

    Default Re: Waiver

    Quote Quoting OnTheRun
    View Post
    I did attempt to find someone else who was fired and re-hired by the firm as was suggested by a lawyer. I did find this person but this person was on contract and not a direct hire which I was.

    I have had one Private Investigator offer for a small fee to investigate this possibility. My concern with this is 1) the investigator said he will do this with calls to people he knows that work there 2) the company will be alerted to the inquires and come to some conclusion it is me seeking this information. 3) the investigator will be required to give the firm the name of the person who hired the private investigator. I'd like the panels inputs on #2 and #3.
    Numbers 1-3 are all bad ideas. Go find a new job. You are never going back to work for this employer.

  5. #15
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Waiver

    I don't know why this is such a difficult concept for you to grasp.

    1.) The employer has made it clear that they are not interested in hiring you back.
    2.) No law exists, and by what you have told us no contractual obligation exists, that will force them to hire you back when they don't want to.
    3.) If someone else was hired back, then clearly the employer was interested in hiring them back. Otherwise they wouldn't have done so, as that person wouldn't have any more of a legal expectation of a hire-back than you do.
    4.) Any attempts to duplicate what they did will fail, because the employer is not interested in hiring you back. You're not going to gain interest by attempting to duplicate others' positions.
    5.) What you are likely to gain, however, is a restraining order prohibiting you from contacting the company ever again.

  6. #16
    Join Date
    Nov 2013
    Posts
    6,220

    Default Re: Waiver

    Quote Quoting OnTheRun
    View Post
    3) the investigator will be required to give the firm the name of the person who hired the private investigator.
    Not true and is prohibited from doing so without your permission.

    75-7b08
    Chapter 75.—STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
    Article 7b.- PRIVATE INVESTIGATIVE OR SECURITY OPERATIONS


    75-7b08. Information confidential, exceptions; prohibited acts.

    (a) Any licensee or individual who is an officer, director, partner or associate thereof shall notify the appropriate law enforcement
    agency with jurisdiction over the matter of any information the licensee or individual may acquire as to any criminal offense. The licensee or
    individual shall not disclose to any other person, except as the licensee or individual may be required by law so to do, any information
    acquired by the licensee or individual except at the direction of the employer or client for whom the information was obtained.
    https://ag.ks.gov/docs/publications/...rsn=ace271a3_2

  7. #17
    Join Date
    Mar 2018
    Posts
    19

    Default Re: Waiver

    I'd like other's inputs on Number 1-3.

    < A employment lawyer suggested to me that if I could find another person who was eliminated for the same reason and re-hired I'd have precedence to be considered for re-employment. (As I write this I see what cbg was saying above and another employment professional told me... continued pursuit could get you too many red flags in your file which if I did find someone else who was re-hired my case is less strong because of the extra red flags but I still need to try).>

    Could/ Would the company dig into the investigators phone records, emails, etc to get the information thru various cyber methods.

  8. #18
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Waiver

    I strongly, strongly, strongly recommend that you not use an investigator. It is a bad, bad, bad, bad, idea. 1-3 inclusive. Seriously, you are coming across as needing the help of a mental health professional.

    I hope your are not interpreting what your "attorney" is telling you as meaning that if you can find another person who was terminated for the same reason and was rehired then they will be required to hire you back too, because that is absolutely not true.

  9. #19
    Join Date
    Mar 2018
    Posts
    19

    Default Re: Waiver

    What are others inputs on 1-3?

    FYI - The attorney is telling me that it is a precedence; not that they are required to hire me back. With precedence the reason for elimination is not "policy".

    Other's opinion on 1-3 pls

    FYI - the attorney is telling if there is precedence then the reason given for the termination is not "policy". If it is not a firm policy then it is not misconduct.

  10. #20
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,891

    Default Re: Waiver

    I say bad bad bad on 1 to 3. And I will bet my next paycheque that every single other responder here (well, expect for one, who is always wrong anyway) will say the same as me.

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