When you buy a business, the employees generally don’t automatically transfer. Typically, the new owner decides which employees to keep on the payroll. Before you exclude any existing employees from consideration, make sure that rejecting them won’t look like a failure to hire because they have previously filed discrimination litigation.
Recent case: Crochen, a security guard who was over age 60, was injured and took. He wasn’t immediately reinstated when he needed a few additional days before being cleared to work. He hired a lawyer who brought to the company’s attention its obligation to reasonably accommodate workers who have exhausted leave. Crochen was reinstated.
The company then changed hands and every employee except Crochen was hired anew. Crochen sued, alleging disability discrimination.
He eventually lost the case because he had not checked the box on the complaint form that said “failure to hire” as his claim. (Rivers v. Columbia Sussex, et al., No. 12-1087, ED CA, 2013)
Final note: This could have turned out badly for the new owner. The best approach is to conduct interviews, review qualifications and concentrate on whether the employee is a good match for the company. Always compare qualifications and select the best qualified. Most of the time, if the employee was performing his job satisfactorily, you should rehire the worker unless you are bringing in your own people and revamping the business.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/36168/buying-business-and-rehiring-staff-beware-excluding-employees-who-have-filed-lawsuits "