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After being hired by another hospital in the corporation I used to work for, I was told I could not have the job because I was on a no-rehire list. Is this legal?

Wednesday March 27, 2013
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Dear Nancy,

I had been working in a local hospital’s ED for two months when a large corporation bought the hospital and rehired me. During my probation, I was called to human resources after a conflict with another nurse, was told things were not working out and I was let go. I was told I was hired by the corporation and could look for another job with them. Two months later I sought a job at another hospital in the corporation and was hired. Two days after all the paperwork was completed and I was to start orientation, I was called and told I could not have the job since the other hospital let me go and indicated I was not to be rehired. Should I seek legal advice? Was this right?


Nancy Brent replies:

Dear Abigail,

It never hurts to consult with a nurse attorney or attorney about a practice or employment issue. Although there may be a charge for such a consultation, seeking specific advice about a concern can either put it to rest or allow you to decide to move forward legally, if you are able to do so.

Generally speaking, being put on a no-rehire list is within the purview of the former employer. There is little one can do as a result of being placed on the list, unless there is some unusual situation surrounding it (e.g., discrimination, false reasons) — therefore challenging being placed on such a list is difficult at best.

However, in your situation, you were told you could seek work at another hospital owned by this corporation. It may or may not legally make a difference that you were told this verbally. The attorney you consult can provide you with the advice you need.


Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.