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  1. #1
    Join Date
    May 2008
    Location
    VA
    Posts
    2

    Default Not Hiring Somebody Because Of A Worker's Comp Claim

    My question involves labor and employment law for the state of: VA

    I had worked for 4 years at a one of the "home improvement stores". Model employee: no write-ups, policy or saftey violations, customer complaints. Attendance excellent, all reviews very good.

    I had left the company and taken a job which - one WEEK after I started, the boss decided to hire one of her friends for the position. She kept me on just long enough for me to collect unemployment.

    (I have looked for a job for the better part of a year and have not gotten any replies. See question #2)

    The 'home improvement' company I worked for had opened a new store close to my home. It also was recommended that I be hired by one of my former mgrs from the old store who managed the nursery dept. in the new store. All in all, there were 10 people from my old store who worked there who knew me!

    I applied THREE times. I was never granted an interview. Mind you - I'd worked for the company for FOUR YEARS!

    When I finally got through to the HR mgr, he kept putting me off by saying that he had to ck with the regional office. I called and called, always getting same answer.

    I cannot for the life of me, figure out why they won't hire me. I asked the HR mgr to at least tell me why and he said.., "He doesn't have to give me a reason." Can he do this... not give me a reason?

    When I was with the other store I injured my back. There was a workman's comp claim. I received months of chiropractic care as well as physical therapy. It must've cost the company a lot.

    Question #1: IS ILLEGAL TO REFUSE TO RE-HIRE SOMEONE BASED ON A WORKMAN'S COMP CLAIM?
    Question #2: DO POTENTIAL EMPLOYERS HAVE ACCESS TO AND CAN THEY REFUSE TO HIRE ME FOR SAME REASON?



  2. #2
    panther10758 Guest

    Default Re: Not Rehired Re: Workman's Comp Claim?

    Question #1: IS ILLEGAL TO REFUSE TO RE-HIRE SOMEONE BASED ON A WORKMAN'S COMP CLAIM?
    You don't know this so this question is pointless
    Question #2: DO POTENTIAL EMPLOYERS HAVE ACCESS TO AND CAN THEY REFUSE TO HIRE ME FOR SAME REASON?
    See previous answer

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Not Rehired Re: Workman's Comp Claim?

    They shouldn't be asking about a worker's comp claim history before hiring you. If they do, you indicate that you have one, and they don't hire you, they're setting themselves up for trouble.

    But they don't have to tell you why they're not hiring you.

    If you want, hire a lawyer, sue them, and subpoena your employee and application records.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Not Hiring Somebody Because Of A Worker's Comp Claim

    How do you know/what makes you believe you are not being hired just because of a past worker's comp. claim?

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