WOTC Questions: Can I Hire a Former Employee?

Can I Hire a Former Employee?

At CMS, as Work Opportunity Tax Credit (WOTC) experts and service providers since 1997, we receive a lot of questions via our website. In the case of the above question, the sender did not provide their email address, so we were unable to reply directly to them. This is one of the more common questions (FAQ), so we thought we would share, and hopefully will help others too.

CMS Says: While there is nothing stopping you from re-hiring a former employee, they would not be eligible for the Work Opportunity Tax Credit, even if they fell under one of the targeted groups.

Per Department of Labor Guidance: Former employees, regardless of how long it has been since he/she last worked for the employer are not eligible.

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