Without a formal rehire eligibility policy, the decision whether to rehire a terminated employee can be a difficult one because there are no employment laws or regulations that provide guidance on rehire eligibility. Generally speaking, a former employee who was terminated will contact the human resources department to learn whether he's eligible for hire before even starting the application process. When you're contacted by a former employee concerning rehire eligibility and you don't have a policy in effect, contemplate what impact rehiring the employee would have on the employee's future with the company, as well as the morale and perception of your existing workforce.
FMLA is the Family and Medical Leave Act enforced by the U.S. Department of Labor that provides a job-protected leave of absence to an eligible employee for serious medical condition of the employee or a family member of the employee.
Talk to the former employee's supervisor concerning the details about terminations related to performance and attendance. Ask questions about the former employee's performance, such as what steps the company took to help the employee improve and whether the employee expressed any interest in improving his performance. Review attendance records to ensure that he wasn't terminated for excessive absenteeism related to medical reasons or properly administered leaves of absence, such as FMLA. FMLA is the Family and Medical Leave Act enforced by the U.S.
Department of Labor that provides a job-protected leave of absence to an eligible employee for serious medical condition of the employee or a family member of the employee. If the employee was wrongfully terminated based on misinterpretation of FMLA guidelines, then you should have no problem with rehiring the employee. Read workplace policies for a complete understanding of possible violations for which she may have been terminated. If she engaged in gross misconduct or violated company policies that cost the organization money or affected its reputation, seriously reconsider whether you can rehire her, maintain employee morale and the keep the company's reputation intact.
Rehiring someone who committed egregious violations could have an impact on your current employees who might not be so forgiving. Existing employees could interpret your decision to rehire her a sign of poor leadership and decision-making. Meet face to face with the former employee, preferably before he embarks upon the formal application process. The purpose of your meeting is to discuss the company's rehire policy; tell him that you will consider his application among other qualified applications or that you want to get his version of the events that led to his termination.
If you're satisfied that he can justify performance or attendance issues, then emphasize that you are unsure whether rehiring him would be a wise move. Ask the former employee if you can trust that he will reform his previous missteps concerning performance and attendance.