Eligibility of Rehire
Eligibility for Rehire
USG employees that separate voluntarily or involuntarily from employment with the USG will receive one of three rehire eligibility designations as follows:
• Eligible for Rehire
• Ineligible for Rehire
A designation into one of the three categories will be made regardless of the separation reason (resignation, retirement, discharge, job abandonment or other). Employees must be notified in writing, at the point of separation or as soon as reasonably possible, if they receive a conditional or ineligible for rehire designation and may appeal their rehire status through established institutional procedures. Employees designated as eligible for rehire do not need to be notified of this designation.
This policy applies to all employees, including regular, temporary, full-time, and part-time. The conditional and ineligible for rehire notice requirements and status designation procedures are outlined below.
Eligible for Rehire: Employees who separate from the USG and who have complied with relevant Board of Regents policies and procedures are eligible for immediate rehire consistent with other legal and/or policy restrictions (e.g., there is a prohibition on post-retirement employment decisions as well as waiting periods). The separation reason may include (but is not limited to) voluntary resignations, expiration of contract or limited term employment, reductions in force, and retirements.
Ineligible for Rehire: Employees who separate for serious misconduct, major policy violations, or criminal behavior should be deemed ineligible for rehire for a minimum of three years from the date of separation. The separation reason may include (but is not limited to) institutional harassment policy violations, conviction of a crime, credentials falsification, or acts of workplace violence.
Conditional: Employees who separate from the USG with a less than satisfactory work record due to violations of relevant BOR policies and procedures, including resignations in lieu of discharge, or who are terminated for reasons other than criminal behavior, acts of violence or serious policy violations, are generally not rehire eligible for at least 12 months from the date of separation. The separation reason may include (but is not limited to) unsafe work practices, workplace disruptions, loss of required credentials or discharge due to inappropriate conduct (e.g., violations of the USG Ethics Policy), or unsatisfactory performance. Upon completion of this minimum separation period, the hiring institution will have no obligation to consider a former employee (designated as “conditional”) for future employment, but will however have the discretion and authority to determine that rehiring a former employee designated as “conditional” is in the best interest of the institution (and the USG as a whole). This determination should include carefully considering such factors as the amount of time that has passed since the previous separation, any evidence of improved performance from other employers in the interim, similarities and differences between the current potential job and the previous job from which the applicant was separated, and any other mitigating circumstances explained by the applicant.
Process and Procedures
Conditional or Ineligible for Rehire Designations
Each employee’s immediate supervisor is responsible for initiating the eligibility review at the time of separation. Conditional designations must be approved by the college or division’s highest level administrator (such as dean or vice president) and the institution’s CHRO or respective designee(s).
Ineligible for rehire designations must also be approved by the terminating institution’s president or designee(s), and must also be submitted for approval by the System Office Human Resources department. Ineligible for rehire designations for employees separating from the System Office require approval by the Chancellor’s or designee(s).