CLPA Policy Staff
Legislative Snapshot-Bill 32-21 to prevent no-rehire clauses in MoCo employee settlement agreements
Yesterday, there was a public hearing on Bill 32-21, introduced on July 20th of this year by Montgomery County Council President Tom Hucker. The overall purpose of Bill 32-21 is to prohibit "no-rehire" clauses from being included in County employee settlement agreements. Settlement agreements are utilized whenever an employee and employer need to resolve a disagreement without involving litigation. These agreements are often used once an employee is let go or leaves a position through mutual agreement.
The bill memo notes that automatically baring former employees from future employment with the County, even after a dispute has been settled, "places an undue burden on County employees who may have gained several years of knowledge, skills, and abilities." Bill 32-21 also provides the option for a County employee to appeal a decision with the County's Merit System Protection Board if a no-rehire clause was included in a settlement agreement. It is, however, essential to note that there are exemptions to the prohibition. The legislation states that a no-hire clause can be included if:
The County and the employee mutually agree
The employee by the Chief Administrative Offer or agency head was terminated "for cause."
If you need more information about Bill 32-21, contact Council President Tom Hucker at
240-777-7960 or via email at Councilmember.firstname.lastname@example.org