For Immediate Release: Tuesday, July 20, 2021
ROCKVILLE, Md., July 20, 2021—Today Council President Tom Hucker introduced Bill 32-21, Personnel – Employee Settlement Agreements with No-Rehire Clause – Prohibited, which would ban the County from including a no-rehire clause in an employee settlement agreement.
"We are a County that believes in second chances, and we have an opportunity to uphold that value through this bill," said Council President Hucker. "This bill, which is a priority for the NAACP, would change the current process to give valuable County employees a viable option for future employment under most circumstances."
Bill 32-21 would prohibit County employee settlement agreements from including a no-rehire clause. Currently, when an employee files an employment dispute or claim against the County and there is a settlement agreement, it may contain a no-rehire clause which prevents the employee from seeking future employment opportunities with the County.
The bill includes a few exceptions in which the no-rehire clause can be included with the authorization of the Chief Administrative Officer or agency head, including if the County and the employee mutually agree to do so, or if the employee was terminated for cause. The bill would also establish a right for the employee to appeal to the County’s Merit System Protection Board if they disagree with the use of the no-rehire clause. A public hearing for this bill is tentatively scheduled for September 14, 2021 at 1:30 p.m.
The Council staff report for Bill 32-21 can be viewed here.
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Release ID: 21-299