CNA on no rehire list, what to do?

Dear Nurse Beth Advice Column - The following letter submitted anonymously in search for answers. Join the conversation!

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I'm a CNA who was pregnant at the time of employment with a nursing home. I was sent to the hospital because I was severely dehydrated and could not keep anything down due to being pregnant. Any who I called my place of employment to let them know I was at the hospital emergency room and that I was severely dehydrated and had to get an IV of fluids and the person over me told me that if I did not come in to work then I would be terminated because I was still in my probation period and that was their policy.

SO the people who own this place also is over the hospital and most nursing homes. I tried to go back to work there and was informed I was on a no rehire list  for their facility's. I ask why and they said that I had someone else call in for me the last time I worked for them and due to their probation period rules. I told them that I a medical emergency and could prove it. They had me to right out a statement and to go get my proof from the hospital from the night in question. I did and they said they would pass it on to get over turned.

Never heard anything back it's been over 2 years and the last time I put in for a job their they said I was still on a no rehire list and that they could not do anything cause they did not work there when it took place. But you are the one who told me to bring the evidence or proof to you and you would do something about it or at least try now your saying there is nothing you can do cause you did not work there and the woman who put me on the no rehire list is long gone.

What should I do now? I have lost everything trying to get a job in this county with my CNA and can't get an answer to what I should or can do.

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Specializes in Tele, ICU, Staff Development.

I'm sorry you're having this experience.

Without rehashing the narrative that led to your being blacklisted, let's focus on some options for a clear path forward.

Know what you're aiming for: Are you seeking job reinstatement, removal from the list, a fair settlement, or accountability? What would make this right for you?

Options for moving forward. First and foremost, do you have a case? What this could involve:

  • I'm not an attorney, but consulting with a labor law or employment attorney to review your specific facts, state laws, and potential claims (such as pregnancy/medical-leave discrimination, retaliation, improper no-rehire actions, or violations of relevant employment records rules) is your best bet.
  • An attorney who specializes in labor law or discrimination can assess whether the company's actions were legal and whether you have grounds for a claim related to wrongful termination or discrimination. Given the circumstances (pregnancy, medical emergency), there could be legal protections in place depending on your state's laws.
  • If a viable case exists, pursue formal remedies through state agencies (such as the state civil rights or labor department). An attorney can help you navigate which agency to approach with your case.

If needed, look for free or low-cost attorney services available to qualifying individuals based on their income and the type of case. If you're unsure about eligibility, start by contacting a legal aid office or a local bar association's referral service for an assessment.  Examples:

  • State and local legal aid offices
  • Public-interest or nonprofit law firms may offer low-fee or sliding-scale referral services.
  • Firms specializing in workers' rights, employment law, or discrimination offer reduced-fee or pro bono services.
  • Bar associations connecting low-income clients with volunteer attorneys. Some attorneys take cases at low or no cost if they believe the case has merit and public interest value.
  • Some states offer attorney standby programs or clinics where you can get initial advice at a reduced rate or for free.
  • Contingency or limited-scope representation. For certain claims, some lawyers may take cases on a contingency basis (they're paid if you win) or offer limited-scope representation (help with specific tasks for an hourly rate).
  • Wage-claim or employment-rights hotlines. Some states run hotlines that provide legal information and can refer you to affordable resources.

Helpful tips to maximize your chances of getting help:

  • Be prepared with documentation, including a timeline of events, copies of notices, hospital records, communications with the employer, and any relevant policies cited.
  • Explain your income and assets upfront to determine eligibility for aid programs.
  • Ask about fees and payment options upfront: consider a sliding scale, fixed fees for specific services, or pro bono availability.

Since you've been informed that you're on a no-rehire list, and if you're not ready to hire an attorney, consider contacting the Department of Labor in your state (or in the state where the facility operates) directly. Ask if your situation violates any labor laws. In some cases, an employer cannot unfairly blacklist you or do so for legitimate reasons, such as medical emergencies. 

What to expect:

  • This path can be time-consuming and may involve emotional and financial costs, as well as aggravation.
  • There's no guaranteed outcome or quick fix. Outcomes vary by state regulations,  the specifics of your evidence, and the employer's policies.

How to prepare:

Gather and organize documentation: hospital/ER records showing dehydration and pregnancy-related illness, all communications with the employer about reporting the emergency, the written statement you provided, the hospital proof, and any policy language you were told about.

  • Proof of medical emergency: Make sure you have clear documentation from the hospital (ER records, doctor's notes, etc.) that explicitly states your condition at the time—being pregnant, severely dehydrated, and needing IV fluids—so that you have the proper backup for your side of the story.
  • Avoid emotional language
  • Create a concise timeline: dates, what was said/done, and what you're seeking (e.g., removal from no-rehire list, reinstatement of eligibility, or a written explanation).

Seek employment elsewhere (peaceful/productive alternative)

What this could involve:

  • Exploring roles outside the affected employer in CNAs, home health, assisted living, private duty, or agencies that hire CNAs.
  • Considering staffing agencies or travel/per-diem positions to gain entry with more flexible/no‑rehire concerns.

How to prepare:

Update your resume to highlight your CNA experience, pregnancy-accommodation awareness, and any additional certifications.

Prepare a brief explanation you can use in interviews that emphasizes reliability, patient care, and current readiness to work.

What to expect:

  • You may find new employers with clear policies and a supportive onboarding process.

A mixed approach:

Begin pursuing new opportunities now while you evaluate your legal options. This keeps income flowing and preserves leverage if you later pursue formal remedies.

Two years on a no-rehire list is a long time, and it shouldn't define your career. Redirecting your energy towards job searching may help lift this burden and create new opportunities.

Best wishes,

Nurse Beth

 

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