Termination of Employment - Rehire Following Termination

Rehire Following Termination

Depending on the circumstances, one whose employment has been terminated may or may not be able to be rehired by the same employer.

If the decision to terminate was the employee's, the willingness of the employer to rehire is often contingent upon the relationship the employee had with the employer, the amount of notice given by the employee prior to departure, and the needs of the employer. In some cases, when an employee departed on good terms, s/he may be given special priority by the employer when seeking rehire.

An employee who was fired by an employer may in some cases be eligible for rehire by that same employer, although in some cases it is usually related to staffing issues.

Employment can be terminated without prejudice, meaning the fired employee may be rehired readily for the same or a similar job in the future. This is usually true in the case of layoff.

Conversely, a person's employment can be terminated with prejudice, meaning an employer will not rehire the former employee to a similar job in the future. This can be for many reasons: incompetence, misconduct (such as dishonesty or "zero tolerance" violations), insubordination or "attitude" (personality clashes with peers or bosses).

Termination forms ("pink slips") routinely include a set of check boxes where a supervisor can indicate "with prejudice" or "without prejudice".

For example, public school teachers in New York who are laid off are placed on a Preferred Eligible List for employment in the school district where they were laid off for seven years from the date of layoff. If a teacher who was laid off applies to fill a job opening, he or she is given priority over other applicants.