Forums

Job Posting
Legal Forum
Job Posting
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId36578

Forums » Topic Forums » Legal Forum » Job Posting

You must be logged in to contribute. Log in | Register
 
Forums  »  Topic Forums  »  Legal Forum  »  Job Posting

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.

Forums » Topic Forums » Legal Forum » Job Posting

Daily Q&A

How Do We Keep Our Best During Upheaval?

Things are getting scary for us. We recently had to downsize, and since then have lost some of our best people to other jobs. Aside from boosting their pay (which isn't feasible now), what practical steps can we take to keep them from quitting on us?

——Clinging to Hope, talent coordinator, hospitality, Guatemala

Read Answer

Stay Connected

Join our community for unlimited access to the latest tips, news and information in the HR world.

HR Jobs

View All Job Listings

Search