RPJ’s Alice Jump Featured in Fortune Newsletter

This week’s Fortune Newsletter addressing the recent scrutiny Meta is facing for its controversial workplace practice, keeping “do not hire” lists concerning Meta’s former employees, featured comments from RPJ Partner Alice Jump.  This practice, while uncommon, is not unheard of for companies and essentially serves as an identifier of employees who have previously been terminated for serious infractions so that they cannot be re-hired.  However, utilizing such lists can open up a company to liability, particularly if the termination was without cause.  If the list prohibits the hiring of people from layoffs or based on protected qualities such as race, age, or gender, it could be considered a discriminatory practice.

That being said, not re-hiring employees who have been let go is a critical part of a company’s operations.  But, a “do not hire” list is not the only way to accomplish this.  As Ms. Jump notes in Fortune, “One way companies can ensure departing employees don’t reapply is to simply include a no-rehire clause in severance agreements.”

Read the full Fortune Newsletter here.

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Alice K. Jump who counsels clients on litigation, alternative dispute resolution and business counseling, with particular emphasis on representing clients in the financial services and real estate industries as well as educational and non-profit institutions. Ms. Jump is admitted to practice law in New York and before the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit.