Add Comment Question: We had an employee who after vacation never returned to work. We issued a ROE. Four weeks later we called her and she was rehired. We are now having a real problem with her and she has only been back for 4 weeks. Does she fall under the 90 day rule for termination of employment. Answer: Because you allowed this person to return to work she is now a regular employee unless you made her sign a probationary clause. If you terminate her employment you owe her termination pay and her previous service will likely count towards her seniority. That said, you may have the option to terminate this employee for cause and without pay, depending on the nature and seriousness of the problems that you have with her. I encourage you to contact us at the number below to speak with one of our lawyers who will be happy to assist you manage the situation and reduce your organization's liability. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.