An RN resigned from a position she held for four years. She was hired at another healthcare facility, but was laid off due to lack of work after two months.
When she applied for several new positions, she was unable to secure an interview.
The human resource department of her two-month employer informed her that she is not eligible for rehire, but did not provide a reason. She is concerned that this will hinder her job search and is seeking guidance on how to address it.
Why seek the personnel record?
The RN’s concern about the impact of the do-not-rehire status in her personnel record on her job prospects is understandable. Without a positive reference from a previous employer, she will likely continue to face challenges in securing new employment.
Accessing and obtaining copies of employer personnel records after leaving a place of employment can be fairly easy or extremely difficult and is subject to state laws.
These laws can differ in various aspects such as the manner of request, the information disclosed, the cost for copies, time frame for response, and whether an employee or former employee can submit a rebuttal to be placed in the record and included whenever the personnel record is released.
The employee or former employee should follow the state's prescribed steps to access their information. In some cases, it may not be necessary to hire a nurse attorney or attorney unless the individual is unaware of the specific state laws. In such instances, seeking legal counsel to ensure compliance with state laws would be advisable.
If a state law doesn't, the RN has a more difficult road to travel to obtain her personnel records. In this case, it's advisable to consult with a nurse attorney or an employment law attorney, who can provide guidance on the appropriate steps to take.
For instance, the attorney may recommend drafting a letter to request the personnel records and offering to cover any associated costs.
This approach could be effective, especially if there are concerns that the contents of the records are impeding the RN's employment opportunities. If this approach isn’t successful, legal action may be the only option left.
Why was the status imposed?
Without additional information from the RN, it's only speculation as to why the no rehire status was imposed.
For instance, did the RN raise patient care concerns and inform the employer of her intention to report these issues to an external agency? Was the employer engaging in discriminatory practices against the RN based on a protected class, such as age or sexual orientation?
Could either of these scenarios have been used as a pretext by the employer to justify laying her off due to lack of work?
It's evident that the RN would require specific, factual details regarding any allegations about the employer’s conduct in the these examples. If such details exist, the records could potentially be obtained through legal processes such as discovery or a subpoena as part of a lawsuit based on retaliatory discharge or Title VII discrimination, among other examples.
Another option available to the RN would be to give the four-year employer’s information as a reference, assuming that reference would be positive. The RN could list the two-month employer's information and add that she was informed of her layoff due to lack of work.
If the four-year employer’s reference is positive, it would make fairly meaningless whatever the two-month employer’s reason is for the no rehire status, at least in theory.
If the former employer's statements about the RN are proven to be false and defamatory, the RN could potentially have a strong case for a lawsuit against the employer.
False statements regarding your profession are considered defamation per se, and can have serious consequences for your career. Always seek legal advice and obtain your personnel records if you suspect that a former employer is spreading untrue information about you or your nursing practice, as this can have a significant impact on your livelihood.
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