Rehire Eligibility After Termination

Summary

Termination for a positive drug test may affect rehire eligibility. Review company policies and Alabama employment laws. Consult an employment lawyer for advice, especially if accidental THC consumption is involved. Consider legal action if rights were violated.

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All applications for open positions will be accepted in a manner consistent with Policy/Procedure *.*, Equal Employment Opportunity/Affirmative Action. Some positions may require United States citizenship due to security requirements. *.* Resumes will be accepted for specific openings. All resumes will be forwarded to the Technical Recruiter who will conduct a technical review and forward matching resumes to the appropriate hiring manager. Applications will be accepted from those candidates who are selected for the interview process. The application will be considered active only until that specific position has been filled. *.* Applications of applicants interviewed but not selected will be retained for a period of two (*) years.
Thanks for sharing the policies, Joshua! Based on these sections, your eligibility for rehire isn't directly mentioned. Here are some general points to consider:
- Check if there is a specific policy on drug testing and termination.
- Consider contacting HR to clarify your rehire status.
Would you like help drafting a request to HR for your rehire eligibility?
An employee may voluntarily terminate employment with the company at any time. Employees are expected to provide notice of intent to terminate employment two (*) weeks prior to the effective date of such termination. All termination notices must be in writing and submitted to the appropriate supervisor, with a copy to Human Resources. The company has the right to accept the notice and schedule the termination at any point during the notice period. All leave balances will be paid out with the final paycheck and will not be available to be used during the notification period unless a waiver is approved by the contract Program/Project Manager and Human Resources *.* The company may terminate an employee at any time. Termination for cause can result in ineligibility for rehire. If conditions require a Reduction In Force (RIF) or if a particular skill is no longer required, employees will be considered for relocation within the company if positions are available.
Based on the information provided:
- Your company's policy states that termination for cause can result in ineligibility for rehire.
- Since you were terminated due to a positive drug test, it may be considered "for cause."
Steps you can take:
*. Review the company's drug testing policy: Check for specifics on termination and rehire eligibility.
*. Contact HR directly: Ask for clarification regarding your rehire status.
Would you like help drafting an email to HR for this clarification?
*.* Employment is at-will, and either the employer or the employee is free to terminate the employment relationship at any time. *.* All voluntary terminating employees will attend an exit interview *.* All Barrios property must be returned to the company upon termination of employment. *.* Terminated employees will be paid for deferred holiday time, accrued vacation hours, Paid Time Off (PTO), and unused compensatory time up to the maximum payout limits in effect at the time of termination. *.* Medical and dental benefits will cease at the end of the month of termination. Employees may purchase continued medical and dental benefits by properly notifying HR within sixty (*) days of termination in accordance with the Consolidated Omnibus Budget Reconciliation Act of * (COBRA), as amended.
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Joshua, the policies you shared cover various aspects of termination and benefits but do not explicitly address rehire eligibility after termination for a positive drug test. Here are some steps you can take:
*. Review the Company's Drug Testing Policy: Specifically look for any mentions of rehire eligibility after a positive test.
*. Contact HR Directly: Ask for a clear answer regarding your rehire eligibility.
Would you like assistance in drafting an email to your HR department to clarify your rehire status?
*.* For voluntary life insurance continuation, employees may file a request for conversion form within thirty-one (*) days following termination of employment. *.* All reference requests must be routed to Human Resources. References for terminated employees will be given only after receipt of a written authorization to release information that has been properly signed by the former employee. Without a signed authorization from the former employee, the only information that will be given will be dates of employment
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Joshua, it seems like your company's policies do not explicitly address rehire eligibility after a positive drug test. To get a clear answer on your rehire status, contacting your HR department directly is the best step.
Would you like assistance in drafting an email to your HR department for this clarification?
Reduction In Force (RIF) – Layoff of personnel due to economic or project conditions. *.* Consolidated Omnibus Budget & Reconciliation Act (COBRA) – Allows employees to have the option, at their expense, to continue their benefits under the Barrios Health Plan which was in effect on the effective date for up to 18 months from their termination or reduction in hours of employment. *.* ROLES AND RESPONSIBILITIES *.* Employee – Responsible for submitting resignation in writing to supervisor two weeks prior to termination date. Responsible to comply with COBRA requirements and file for continued medical benefits, if so desired, within 60 days following termination. Responsible to file a request for conversion of voluntary life insurance within 31 days of termination. *.* Human Resources Dept – Responsible for handling all reference inquiries and requiring a signed authorization before releasing employee information to the requestor
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Joshua, it seems like there's no specific mention of rehire eligibility in the policies you've shared. Your best option is to contact HR directly for clarification.
Would you like help drafting an email to your HR department to inquire about your rehire eligibility after your termination for a positive drug test?
To state the policy for satisfaction of pre-employment requirements by applicants. *.* SCOPE Applicable to all applicants who are qualified for an open position and an offer of employment is contemplated. *.* POLICY *.* Applicants will provide references that can testify as to their previous job performance and their general character. Failure to provide adequate references will result in Barrios’ inability to hire the applicant. *.* The company will respect the confidentiality of employment applicants. Current employers will not be contacted without authorization from the applicant. *.* References will not be contacted until the candidate has been determined to be otherwise qualified for the open position and an offer of employment is contemplated.
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Joshua, based on the policies you provided, rehire eligibility after termination for a positive drug test isn't explicitly covered. I recommend directly contacting your HR department for clarification. Would you like assistance drafting an email to inquire about your rehire eligibility?
*.* Applicants are subject to the security requirements imposed upon Barrios by the federal government. Security clearances may be required for some positions, either immediately or at some future date. Therefore, all persons hired by Barrios must be willing to undergo a security background check. All employment offers are made contingent upon a satisfactory background investigation. *.* Refusal to undergo a security background investigation, or inability to pass such investigation, may be grounds for termination. *.* All employees are subject to our commitment to a Drug Free Workforce per our Policy *.*. All employment offers are contingent upon the individual passing a substance abuse screening.
Case Rating: *
Joshua, it seems like your company's policies don't explicitly address rehire eligibility after termination for a positive drug test. Here are some steps you can take:
*. Review the Drug Testing Policy: Specifically look for any mentions of rehire eligibility after a positive test.
*. Contact HR Directly: Ask for a clear answer regarding your rehire eligibility.
Would you like assistance in drafting an email to your HR department to clarify your rehire status?
*.* Reference – Non-relative, professional capacity contact in regards to an applicant’s employment history. *.* Applicant – One who qualifies to be considered for an open Barrios position according to Policy/Procedure *.*, Acceptance of Employment Applications. *.* Background Check – Review of applicant’s personal and professional history, performed by a Barrios affiliated provider and scheduled by Human Resources. *.* Substance Abuse Screening – A check to reveal if an applicant has any illegal substances or alcohol in their system, performed by a Barrios affiliated provider and scheduled through Human Resources.
Case Rating: *
Joshua, it looks like the answer to your question about rehire eligibility is not directly covered in the policies you've shared. Here are the steps you might take:
*. Review the Drug Testing Policy: Look for any mentions of rehire eligibility after a positive test.
*. Contact HR Directly: Ask for a clear answer regarding your rehire eligibility.
Would you like assistance in drafting an email to inquire about your rehire status?
yes i would like help
Case Rating: *
Sure, Joshua! Here is a draft you can use to email your HR department:
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Subject: Clarification on Rehire Eligibility
Dear [HR Representative's Name],
I hope this message finds you well.
I am writing to inquire about my rehire eligibility status following my termination due to a positive drug test. I have reviewed the company's policies but could not find specific information regarding rehire eligibility under these circumstances.
Could you please provide clarification on whether I am eligible for rehire in the future?
Thank you for your assistance.
Best regards,
Joshua Phillips
---
Feel free to adjust any details as needed. Let me know if you need further assistance!
this was the response As discussed yesterday, Monday, April *, *, during your termination meeting, you were terminated for a positive drug test result which is a violation of our company policies. For your reference, below are the policies you violated. In addition, when you received the offer letter, you signed a Consent to Test form acknowledging that you understood that information regarding the test results may be used as grounds for adverse employment action, including denial of employment and/or termination of your employment with the Company. Since you are no longer an employee of Barrios, we will not be able to send you copies of our policies. Lastly, in relation to rehire eligibility you are not eligible for reemployment due to your actions and violation of the company policies.
Case Rating: *
Joshua, it seems clear from the HR response that they consider you ineligible for rehire due to the positive drug test and violation of company policies. Here are some steps you can consider:
*. Consult with an Employment Lawyer: They can provide you with specific advice based on your situation.
*. Understand Your Rights: Review Alabama state laws regarding employment and drug testing.
Would you like any more specific information or assistance?
yes
Case Rating: *
Could you provide a bit more detail about your termination and any potential violations of your rights? This will help in understanding if you have a strong case to consult with an employment lawyer.
Ive been serving in the military for 11 years. When I quit my previous job to accept this one there was a period for a vacation which I took. Its been 5 years since I went on vacation. Well when I did I accidentally consumed a THC beer. I had been drinking normal beers but failed to realize the off brand beer i ordered was a THC beer. When I realized it was a THC beer I threw it away! I took a personal drug test 3 days after and It said I was clean! After that I took the drug test for Barrios Technology. I then worked a week then after the test results came in it was an immediate termination. I even expressed to my boss as soon as I got the results what happened before HR or Barrios contacted us about my termination. I even before the termination enrolled in the Substance Abuse Program at my own expense which was per guidance of the medical doctor that reviewed my results.
Case Rating: *
Joshua, your situation is quite complicated and might have some grounds for legal action, especially considering your military service and the accidental nature of your THC consumption. Here are a few steps you might consider:
- Review Alabama Employment Laws: Specifically, look at wrongful termination and drug testing laws.
- Consult an Employment Lawyer: They can provide tailored advice based on your detailed situation.
Would you like assistance in connecting with local lawyers who might be able to help you?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
yes
Case Rating: *
This might be a high-value case. Would you like to be connected to local lawyers who can better assist you with your case?
What is your name?
Joshua Phillips
Case Rating: *
Got it, Joshua. What is your phone number?
*
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: Joshua Phillips
Email: 2053838883none@none.com
Phone: *
Zipcode: *
Reason: Terminated for a positive drug test after accidental THC consumption. Military service background. Enrolled in Substance Abuse Program at own expense.
From: FreeLawChatCom
Is there anything else I can help you with?
no but my zip code is * and my email is phillips5641@gmail.com
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: Joshua Phillips
Email: phillips5641@gmail.com
Phone: *
Zipcode: *
Reason: Terminated for a positive drug test after accidental THC consumption. Military service background. Enrolled in Substance Abuse Program at own expense.
From: FreeLawChatCom
Is there anything else I can help you with?
no
Case Rating: *
Great, Joshua! I will now connect you with local lawyers who can better assist you with your case.

Joshua Phillips


Phone:*
Email:phillips5641@gmail.com
Zipcode:*
Reason:Terminated for a positive drug test after accidental THC consumption. Military service background. Enrolled in Substance Abuse Program at own expense.