Can a former employer not rehire you because you had a workers comp claim with that employer

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Can a former employer not rehire you because you had a workers comp claim with that employer

I applied for a job with a company I worked for before, I went to the interview, was hired verbaly on the spot, went and took a pre employement drug test and 2 days later they called me and said my rehire was blocked due to my past workers comp case.

Asked on February 28, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they may refuse to re-hire you on this basis: hiring is "employment at will'--it is up to the free choice of the employer whom to hire--unless there is law protecting a certain group from not being hired. But there is no law requiring the re-hiring of people whom had previously had a worker's comp case during prior employment


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