Employee fired after not accepting suspension: Now he wants to come back--what can we say?

• Author: Delogu, Nancy
• Position: The Mailbag

Q An employee was terminated because he would not accept a suspension, but now wants his job back. We don't want him reinstated. What is his supervisor allowed to say?--Richard, Minnesota

A What's more important to focus on is what not to say. Avoid anything that might suggest you didn't like the employee because of some protected characteristic, such as age, race, gender, religion, or anything that might be considered defamatory.

While you don't have to say anything, I understand the urge to fill the space when the employee asks why you won't take him back. In every case, "We've decided to accept your resignation and move on, and wish you the best in the future,," is a completely acceptable response.

Is it legal to ask applicants to sign a 'declaration of no criminal activity'

Q When making provisional job offers, we've started giving people a "declaration of no criminal activity" form to sign. We do this because the hiring process takes so long when a criminal background check comes back "under review." So now, if that happens, we can still move forward after the provisional offer as long as it eventually comes back clear. If a report comes back with something we can't accept, is it OK to tell them we're rescinding the offer?--Anonymous, Pennsylvania

A Provisional job offers prior to obtaining a criminal background check are a good idea, and they are required in many jurisdictions. If the background check is returned and contains information that is disqualifying, you can withdraw the offer (regardless of whether they signed something stating they had no criminal history).

I'm concerned about the "declaration of no criminal activity." This sounds potentially overbroad. And since you apparently do accept workers with some criminal history--provided it is not disqualifying--your request penalizes honest applicants. The request for the declaration may...