Are you eligible for rehire if laid off?

Asked by: Davion Oberbrunner  |  Last update: January 12, 2026
Score: 4.4/5 (61 votes)

Yes. There are no laws prohibiting employers from rehiring laid-off employees.

Can you get rehired if you get laid off?

Yes. There are some situations where that happens. They decide to give you a second chance or they have a change of heart. Or they realize it was not a good fit where you were and hire you to work with a new boss or in a different department. Also, remember that a layoff or furlough is not the same as being fired.

What makes you ineligible for rehire?

Having a low-performance record from when you previously worked for the company may make you ineligible for rehire. This might be because the company worries that your performance record will continue to be low if they rehire you.

Can you go back to a job you were laid off from?

You were laid off

The ideal situation when looking to regain a job where you were let go is when your company was forced to undergo layoffs. If temporary financial restraints forced the company to reduce or remove some positions that are now being brought back, you may be well-positioned to get your job back.

Do companies ever rehire after termination?

Yes, you can get rehired after being terminated. It's not a myth. It's not a fairy tale. It's a reality.

4 Signs That You're About To Be Fired

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Can a company refuse to rehire you?

A no-rehire policy can be applied to all employees or specific people, depending on the employer's wishes. The policy may be based on various reasons, such as performance issues, misconduct, violations of company policies, or even part of a settlement agreement in a legal dispute.

How do I know if I'm eligible for rehire?

How to check if you're rehireable. To check if you're rehireable, the easiest option–and the most obvious—is to simply ask. Get in touch with the company's human resource department if they have one. Otherwise, just talk to whoever's in charge.

How long after layoffs do companies hire again?

Society for Human Resource Management (SHRM) suggests to wait at least six months since the layoff.

Is being laid off considered dismissed?

Being fired means that you were dismissed for reasons related to your performance or conduct, while being laid off means that you were let go for reasons related to the company's situation. The difference can have a big impact on your finances, your reputation, and your future career prospects.

What happens if I get laid off from a job?

Some are temporary, with the expectation that the employee will be hired back in the future once conditions have changed. However, a layoff is a complete separation in employment instituted by the employer, under no fault of the employee. If you were laid off, you are likely eligible for unemployment benefits.

What is the policy for do not rehire?

The state banned “no rehire” clauses that bar workers who settle discrimination and harassment cases from working for that employer again. The provision was part of a larger law addressing sexual harassment protections for employees that was passed in July of 2018.

Can I ask if I am eligible for rehire?

California Employment Lawyer: Patrick, Esq. Yes, I would explicitly ask them if they disclose whether you are eligible for rehire, and if so, whether their answer is that you are (or are not) eligible for rehire.

What is the rehire hold out rule?

The One-Year Holdout Rule allows plan sponsors to require that all participants who incur a break in service be required to complete one year of service after rehire before receiving employer contributions.

How often do companies rehire laid off employees?

Forty-nine percent of financial services companies in the survey plan to rehire at least some workers who were laid off for reasons unrelated to their performance. 47% of manufacturing companies and 42% of services companies plan to rehire some laid-off workers.

Can an employer just lay you off?

California is an at-will employment state, which means that typically, an employer can terminate an California employees at any time, with or without cause, and with or without giving advance notice, as long as the termination doesn't violate any California layoff laws, California labor laws, other employment laws, or ...

Can I get another job while laid off?

The federal Worker Adjustment and Retraining Notification Act (WARN Act) requires employers to provide 60 days' notice, during which all wages and benefits will continue to flow as usual, giving those who were laid off at least a little time to brace for unemployment, or get busy finding that new (better — knock wood) ...

Does being laid off look bad on a resume?

Tips to discuss being laid off

Give a brief answer for why the layoff occurred and address the situation in a way that doesn't reflect any bad feelings toward the organization. This helps display your professionalism to the hiring manager and may create a good impression.

How long can you be laid off before you are terminated?

Length of temporary layoff

In Alberta, the maximum duration of a temporary layoff is 90 days in a 120-day period. The employee is terminated on the 91st day if they have not resumed work. Termination pay must be paid if the employee is entitled.

Can employers check if you were laid off?

The Hard Truth: Yep, It Goes on Your Record

Most companies will at least note the fact that you were terminated, even if they're light on specifics. Oftentimes, when a new employer checks your references, all they can check is your dates of employment and whether of not you're “eligible for rehire”.

Is it possible to get rehired after being laid off?

Yes, you can rehire a laid-off employee. There are no laws preventing you from doing so.

Who gets laid off first in a company?

The last employees to be hired become the first people to be let go. This makes sense logically. If they were recently hired, they probably haven't become as strong of organizational assets yet.

What is a standard severance package?

It's usually based on the employee's salary. The typical severance pay employers provide is one to two weeks for every year the employee worked, but the employee's rank can play a role in how much you offer. Upper management employees might get a higher severance pay amount, for example.

How long do I have to wait to get rehired?

If you want to return to the same company, check their rehiring policy to find out when you can reapply. Some companies allow terminated candidates to reapply after 3 months. But if you were fired, you might be added to a no-rehire list, which means you won't be able to reapply for a very long time (if ever).

Why are you ineligible for rehire?

Employees are typically ineligible for rehire if the reason for terminating them in the first place includes non-disclose actions, lower performance standards, or a breach of the employment contract. In some cases, an involuntarily dismissed employee can also be eliminated from rehiring.

How long does no-rehire list last?

With most companies, a “do not rehire” status is permanent.