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My company has a policy that all open positions below director level be posted on our career site. Earlier this year, an employee was terminated, and the position was filled from the outside within a
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Job Posting

posted at 6/9/2010 12:19 PM EDT
Posts: 2
First: 6/9/2010
Last: 12/2/2010
My company has a policy that all open positions below director level be posted on our career site. Earlier this year, an employee was terminated, and the position was filled from the outside within a few days. The job was never posted so no employee was able to apply for the position. Aside from violating company policy, does this breach any EEO/FLSA/employment law?

Job Posting

posted at 6/9/2010 12:46 PM EDT
Posts: 464
First: 6/30/2004
Last: 11/22/2010
We have a similar policy that includes the caveat that positions may not be posted at the discretion of the (appropriate managment level personnel).

To my knowledge, not posting a job is not a violation. You may have collective bargaining agreements with labor groups that require it.

Job Posting

posted at 6/9/2010 2:07 PM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Only if you have a collective bargaining agreement/union where this has been negotiated in the past. Or possibly if you are a government entity. But not for a private business.

Job Posting

posted at 6/10/2010 7:55 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
A few points- First you could be under some type of agreement with a government agency that requires all positions be posted.

Second if you are a federal contractor and have an AAP you most certainly will have been in violation of the committments made there.

Third, I understand that you said aside from breaking company policy............. but that should be a big deal as well. It can affect not only HRs credibility internally but general employee satisfaction.

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