Civil Litigation,
Labor/Employment
Jul. 31, 2018
When no-rehire clauses go too far
Most successful employment mediations result in a written settlement agreement with standard and customary terms. One such term, a “no-rehire” provision, is almost always requested by counsel for the employer.
Steven H. Kruis
ADR Services, Inc.Email: skruis@adrservices.org
Steven has been a full-time mediator since 2002, and mediated well over 2,000 matters throughout Southern California. He is with the San Diego Office of ADR Services.
Most successful employment mediations result in a written settlement agreement with standard and customary terms. One such term, a "no-rehire" provision, is almost always requested by counsel for the employer. It precludes the former employee from seeking reinstatement or re-employment with the employer. However, a recent (and divided) 9th U.S. Circuit Court of Appeals opinion invalidated the entire settlement agreement because its no-rehir...
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