What Grants a Former Employee Rehire Eligibility? - PeopleSpheres (2024)

If you are hiring new talent for a position, you might also run into boomerang employees wanting to return to the company. There are both benefits and drawbacks to rehiring old employees and it is up to each company to form a policy on the rehire eligibility of former employees.

In this article, we will provide a guideline that can help your human resources department develop a such policy for a clear and concise hiring process.

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Are Boomerang Employees Good For Your Business?

Why Should Not All Former Employees Be Considered for Rehire?

There are several benefits associated with rehiring former employees including higher retention rates, improved employee morale and labor relations. In some cases, the reinstated employees can also have a shorter onboarding timeline, saving both time and resources for the company.

However, not all former employees should be considered for rehire depending on the situation and the business functions of the company. For example, it would not be appropriate to consider rehiring in a circ*mstance where a former employee has broken an employment contract or employment law. Nevertheless, having a strict “no rehiring” policy can also be counterproductive as you can lose the opportunity of gaining back top talent.

Therefore, all human resource teams should have clear guidelines to follow during the recruitment process on what makes eligible employees for rehiring. This can be done by creating a rehiring policy that clearly outlines the rules regarding eligibility for re-employment that can be included in the employee handbook, policy manual, or in new hire information.

The rehire policy should also include what happens during the hiring and onboarding process for a boomerang employee.

Who Should Not Be Eligible for Rehire?

Several different reasons can lead up to why an employee is not granted rehire eligibility. Depending on your business functions and the structure of the company, the office of human resources should consider what will be the most appropriate for the business.

Employment Termination

If an employee has left the company due to termination for cause, they should not be rehired. This can include any job separation because of inappropriate behavior, harassment/discrimination, theft, or job abandonment. Any employee that was being terminated due to non-inclusive action is typically automatically ineligible for rehire.

Less-than-Satisfactory Work Performance

As all companies want to maintain certain performance standards, job performance can play a role in rehire eligibility. All employees who have a record at the company of less-than-satisfactory work performance should not be eligible for rehire. This could contain former employees with an unsatisfactory performance record, including a lower rating on their most recent performance evaluation or employees who terminated employment without any improvements on their performance plan.

Breach of Employment Contract

Employees who have previously broken employment contracts at the company should not be ineligible for rehire. This includes any type of breach of the contract of employment, such as leaking sensitive business information, sharing confidential employee information, and more. Typically, companies have a strict no-policy to a contractual breach, without considering if it happened on purpose or by accident.

Non-Voluntary Dismissal

In some cases, involuntary termination can be a reason to make an employee ineligible for rehire. Depending on the situation of your company, you may consider making involuntarily terminated employees ineligible for rehire. For example, if you fire an employee due to low employee standards or behavior that is not suited for the company, they should not be rehired.

Who Should Be Eligible for Rehire?

Once you have identified who will be ineligible for rehire, it is beneficial to establish who should be eligible for rehire. This will make it clearer for the recruiter during the hiring process. In all cases of rehiring, it is useful to access old employee information, including an old performance appraisal of the employee to learn about their job performance at the company before they left.

Non-Voluntary Dismissal

Although we mentioned that involuntary termination can be a cause for ineligibility for rehire, it can also be a cause for eligibility. It all depends on the situation which must be analyzed by the human resources team. For example, downsized or laid-off employees might be reinstated later when the financials are better, considering that the employee has a history of performing well in the company.

Voluntary Termination

Employees that have voluntarily left the company can be strong candidates for rehire, depending on what their status looked like when they left the job. Sometimes, employees leave the company for a new position at another firm, hoping that the grass is greener on the other side, only to learn that it is not. Rehiring a former employee that voluntarily left can be a valuable opportunity in gaining back top talent.

Returning to Work

Some employees might have chosen to resign due to personal or parental reasons, such as attending to the need of dependents or raising children. Depending on how long the unemployment time is and the track record of the employees, they might be entitled to rehire eligibility.

Policies to Adopt Before Rehiring an Employee

If your team decides to rehire an employee, certain policies and procedures should be in line to make it clear from the first day of employment for the reinstated employee. Employees that are returning after an involuntary termination might return fully reinstated with seniority and employee benefits.

In the policy for employees that have rehire eligibility, it should be defined at what time an employee is considered a rehire or considered a new hire.

For example, in many cases, an employee that has been separated from the company for more than 12 months will be considered a new hire. This means that the former employee will be treated the same as all other new hires during the hiring and onboarding process, including interviews, pre-employment assessments, employee orientation, and onboarding training.

However, if the employee has been separated from the company for less than 12 months, they can come back with a continuation of their old position.

The situation of reinstated employees might also depend on how long they worked for the company before their separations. This time period should also be defined in the policy. It can be appropriate to use a policy that compares the time away from the company with their time at the company. For example, if an employee has worked for the company for 3 years but has been away for 4 years, they might be reinstated as a new hire.

In the policy, it should also be defined if and how the returning employee will receive their former employment status and benefits. It can also be useful to include cases of special circ*mstances in the policy.

Conclusion

It is the responsibility of the human resources department to make it clear to recruiters and supervisors if former employees are entitled to rehire eligibility or not.

Reinstatement of an old employee can be beneficial for many reasons including, improved employee relations, higher retention rates, and a shorter onboarding timeline. In general, if the employees left on good terms and have a satisfactory record of job performance, they are granted rehire eligibility.

Employees are typically ineligible for rehire if the reason for terminating them in the first place includes non-disclose actions, lower performance standards, or a breach of the employment contract. In some cases, an involuntarily dismissed employee can also be eliminated from rehiring.

All HR teams should adopt policies and procedures that define the hiring and onboarding process in the case of reemployment. For example, employees that have had a long time off from the company should have the same recruitment process and onboarding as any other new employee, including the usual new hire orientation.

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What Grants a Former Employee Rehire Eligibility? - PeopleSpheres (1)
What Grants a Former Employee Rehire Eligibility? - PeopleSpheres (2024)

FAQs

What makes an employee eligible for rehire? ›

Are They Eligible for Rehire? Employees who left involuntarily (i.e. through a layoff) are only usually eligible for rehire if those reasons were outside their control, such as restructuring. Employees eligible for rehire after termination usually left voluntarily and on favorable terms.

How do you answer if someone is eligible for rehire? ›

Status of eligibility for rehire.

It's best for such employers to specifically say, “Our company policy doesn't allow me to comment on anyone's rehire status.” or “Unfortunately, our company has a no re-hire policy.” These statements tell a potential employer it's not a personal issue.

Why would you be ineligible for rehire? ›

A no-rehire policy can be applied to all employees or specific people, depending on the employer's wishes. The policy may be based on various reasons, such as performance issues, misconduct, violations of company policies, or even part of a settlement agreement in a legal dispute.

Why rehire a former employee? ›

Benefits of rehiring

Have a basic understanding of your systems, processes, customers, company culture and work environment. Have already gone through the screening and hiring process. Can save the company resources by requiring less on-the-job training and onboarding than a new hire would.

Is it possible to get rehired after being fired? ›

First things first, let's get this out of the way. Yes, you can get rehired after being terminated. It's not a myth.

Would you rehire this person reference answer? ›

Would you rehire the candidate if given the opportunity? ✅ Sample answer: Yes. Their contributions to the team were invaluable. They would be a valuable asset to any organization.

How do you answer a rehire question? ›

Use these tips to prepare for an interview with a former employer: Be honest about your departure. Speak openly about your reasons for leaving when you ask for a rehire interview. Highlight your desire to learn new skills and develop your professional experience in the new role.

What do you say to be rehired? ›

Explain why they should rehire you and what you can contribute. Once you've met with your supervisor in person, try to maintain an honest but professional response. If you were let go, think about why they decided you were no longer a fit for the company. If you decided to leave, explain the reasons you left.

How to get off no rehire list? ›

Call the company's central human resources (HR) department and be sure you are speaking with a human resources manager and not a talent acquisition person or hiring manager. A corporate HR employee may have access to more information, and specifically about your status.

What makes a person non rehireable? ›

Each employer sets their own rehire policy for determining whether a former employee can come back to work. Common reasons you can't be rehired are: A broken contract. If you did something you promised not to do, that could keep a former employer from taking you back.

How long does non-rehireable status last? ›

It depends on the reason why the non-rehirable was put in place in the first place. Was it because you failed an interview, in that case, it depends on the company and what is their cool-off period after which system should remove the status. Usually it is 6–12months.

How many times can a company rehire you? ›

There is no limit on how many times an employer can rehire someone. My brother is a contractor in the northeast and he's rehired some of the same people dozens of times. There is no construction in winter, so his crews are let go at the end of the building season.

Can you ask HR if you eligible for rehire? ›

You can contact the previous employer you're considering applying for to ask them about your rehire status. Typically, you want to speak with a human resources representative within your previous company because they may still have an employee file for you.

Are you eligible for rehire at your past employers? ›

In general, if the employees left on good terms and have a satisfactory record of job performance, they are granted rehire eligibility.

What is a potential drawback of rehiring former employees? ›

Rehiring former employees can sometimes hit a snag called stagnation. There's comfort in familiarity, sure, but there's also the risk of the 'same old, same old. ' A returning employee might slide right back into their previous ways of working, thinking, and collaborating.

What is the hold out rule for rehire? ›

One-Year Holdout Rule

This rule is much simpler in many ways and allows a company to temporarily ignore a rehire's pre-termination service. Under the OYHR, once an employee incurs a single break in service, pre-termination service is ignored until he or she completes 1 year of service following rehire.

Am I eligible for rehire if I quit without notice? ›

Failing to give two weeks notice when resigning can land you on a blacklist. Some employers are 'strict' about having at least a full 14 days notice; and giving them 13 days may result in your name being added to their do-not-rehire list.

What is the 13 week rehire rule? ›

A 13 Week (or Longer) Break in Service.

If the employee is rehired after a period of at least 13 consecutive weeks where they did not work or provide an hour of service, the employer can treat the employee as a new employee.

What puts you on the Do Not Rehire list? ›

Failing to return company property on or before the last day; or surrendering company property to the wrong person. Disciplinary issues during employment: chronic tardiness, not following company rules or standards. Incomplete documents or protocols, like participating in an exit interview.

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