I was recently hired for the same company I worked for the last 6 years just different location. I received and offer letter through email and signed paperwork even signed the hourly rate notice for employees trained one day and even purchased new uniform

I was recently hired for the same company I worked for the last 6 years just different location. I received and offer letter through email and signed paperwork even signed the hourly rate notice for employees trained one day and even purchased new uniform. I was told HR would get in contact with me to finalize paperwork but they never did. I haven’t been informed that I wasn’t hired, I’ve sent multiple follow up emails but no response, a realícele source informed me that HR was conflicted in hiring me due to my previous termination and said they were afraid of it happening again at this location. I was never told the exact reason I was terminated so I have no idea what action would happen again . Is this defamation in anyway or discriminatory ???

1 answer  |  asked Jan 24, 2020 1:18 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Apparently they have your employment records correct? And presuming those employment records are accurate, where would the false statement be made? Also, if there was false information, they would need to publish it to a 3rd party correct? If the employer is the same then there is no 3rd party.

Most separation or severance agreements state that an employee is paid some amount of money in exchange for never re-applying to that company for future work. This apparently did not happen.

Have you collected unemployment benefits from the last job? Did something happen with a prior supervisor? There are no laws which prohibit companies from not hiring employees who they don't think will be a good fit. Law firms use that term all the time when they say "this lawyer is not a good fit for our firm" which essentially means that a law firm will not hire some applicant lawyer because the law firm believes such applicant will not do exactly what the law firm instructs the lawyer to do, when the law firm instructs the lawyer to do it, and for as many hours each day the law firm wants the lawyer to work 7 days a week.

They can do that as can any employer who employs "at will" employees under several common law doctrines which include Master Servant Doctrine, Faithless Servant Doctrine, and Duty of Loyalty to one's employer, all applicable in New York.

posted by V Jonas Urba  |  Jan 24, 2020 1:33 PM [EST]

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