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  1. #11
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Exit Meeting: Verbal vs Documented

    Not a legal requirement but I find it a bit odd that the manager ran the exit interview instead of HR. Normally HR likes to handle these, to get a second non-manager opinion on what just occurred and to make sure that the manager does not somehow put his/her foot (any further) into it. But there are no legal requirements on who runs the exit interview, on what was said, or even if an exit interview occurs. If Bob is the manager and he fires the last 5 employees he hired for cause, it is possible that HR will want to (and should want to) talk to the exiting employees and find out if there is something they need to know about.

    Having said that, most terminations are legal, including the stupid ones. I worked at a place in the 1980s where the company president was very P.O. at the factory supervisors and told HR to fire one a week (chosen at random) until the group got their act together. HR was horrified but our outside attorney deemed the action legal.

    There is no law that says the manager must be nice or actually know how to do their job. The very few illegal terminations involve an actual law being violated, like Title VII or ADA. The manager being a jerk or misguided in not recognizing how wonderful the employee is does not violate any actual laws. And the employee thinking that they are wonderful does not legally make it so.

  2. #12

    Default Re: Exit Meeting: Verbal vs Documented

    This is not a reply to the previous post but a new thread for a co-hort. HR verbally told my co-hort in a termination interview they were eligible for re-hire. 2 years later the co-hort applies at the company and are told they are not eligible. Is there any course of action one can take to get "re-hired"? Managers are wanting to hire the person but HR is saying no.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Exit Meeting: Verbal vs Documented

    Quote Quoting DaysOffAgain
    View Post
    This is not a reply to the previous post but a new thread for a co-hort. HR verbally told my co-hort in a termination interview they were eligible for re-hire. 2 years later the co-hort applies at the company and are told they are not eligible. Is there any course of action one can take to get "re-hired"? Managers are wanting to hire the person but HR is saying no.
    Simply put: no

  4. #14
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,243

    Default Re: Exit Meeting: Verbal vs Documented

    No. In the absence of a legally binding and enforceable contract or CBA that expressly provides rehire rights, it is entirely up to the employer who is and is not rehired. It doesn't matter if they have a signed and notarized letter promising rehire; unless that letter is in the form of a contract the employer has no obligation to follow through on it.

    Hopefully it won't take multiple threads of multiple pages to get that concept through to your "cohort".

  5. #15
    Join Date
    Oct 2014
    Posts
    7,710

    Default Re: Exit Meeting: Verbal vs Documented

    Quote Quoting DaysOffAgain
    View Post
    The exit meeting was for a firing:

    Gain --> desired to get rehired

    Unfair practice -- > In the exit meeting, the manager stated " you do not like the way I run the group" etc.. as stated in the previous reply. Isn't this protected by "discussion of working conditions"
    If you were fired for discussing working conditions privately with employees doing the same job you are doing, that would be a NLRB issue. For example, a group of line factory workers getting together on their own time to talk about ways to bargain for better working conditions would be protected. But that's not the sort of thing going on here. Your employer taking exception to the attitude you've shown him/her about how the manager runs meetings is not. Nothing about what you wrote is an unfair labor practice under the National Labor Relations Act (NLRA) and certainly won't get you your job back.

    I suggest you focus on finding a job with a new employer rather than getting rehired by the old. Your quest here to find some violation of the employer to pursue isn't going to get you rehired. What it will do is further alienate you from that employer.

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