Ineligible for Rehire

In some cases, former NMSU employees shall not be rehired by any NMSU entity, see policy 8.40.1. Ineligible for Rehire. This is to facilitate a safe and secure academic and employment environment in which faculty, staff and students may be effective and successful in their learning and work experiences at NMSU.

clock_dreams_n_sunDisqualification Periods

Permanent: Former NMSU employees shall not be rehired by any NMSU entity if their separation was due to any of the following:

  1. Termination for just cause;
  2. Resignation or retirement in lieu of termination for just cause, including resignation or retirement during development or pendency of administrative proceeding seeking termination of employment, based on substantiated misconduct;
  3. Resignation or retirement during the course of an internal investigation for alleged misconduct, which if substantiated would constitute just cause for termination;
  4. Categorization of Ineligibility for Rehire pursuant to other NMSU Policy.

Temporary: At the discretion of the NMSU hiring manager, with the concurrence of the Office of Human Resource Services, NMSU may rehire former employees, after the minimum period of 365 days, whose voluntary or involuntary separation from employment occurred under any one of the following circumstances:

  1. Sleeping on the job;
  2. Job abandonment due to extenuating circumstances;
  3. Absenteeism/tardiness;
  4. Loss of required credential required to meet the job’s minimum qualifications.

Notification and Right to Administrative Review

At or near the time of separation from university service, the employee who will not be eligible for rehire will be notified in writing by the Office of Human Resource Services or by the Office of the Executive Vice President and provost either:

  1. during an exit interview process,
  2. in a Final Determination Letter following proposed disciplinary action, or
  3. by other written notification to the employee mailed to the employee’s home address. The former staff or faculty member may seek reconsideration of this determination by notifying either the assistant vice president for human resource services or the executive vice president and provost, respectively, in writing, within ten (10) working days after receipt of the notification.

The former employee shall include all information the employee wishes the university to consider when reconsidering the ineligibility determination. The assistant vice president for human resource services or the Office of the executive vice president and provost, as appropriate, will provide the university’s final decision to the former employee in writing with thirty (30) working days from receipt of the request for reconsideration.

Disqualification Based Upon Latent Misconduct

The university also may exclude from future employment those former employees whose misconduct is discovered by the university after separation from service, and such misconduct would have constituted just cause for termination under the university’s policies and/or established practices. In such case, the university will provide notice to the former employee of the circumstances leading to such decision and provide an opportunity to seek reconsideration of that decision, as set forth above.