Is it legal for the company I work for to not post open positions available but hire someone without certification for that position?

UPDATED: Sep 30, 2022

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Is it legal for the company I work for to not post open positions available but hire someone without certification for that position?

I work as a family nurse practitioner for a small group that is expanding. They are in process of opening a clinic in my hometown but I was never asked if I wanted it. Instead a brand new graduate who was not certified at the time was promised the spot. Is that legal since it was not posted nor offered to someone with 5 years experience? Do I have a case?

Asked on June 28, 2016 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Does this action violate a union/collective bargaining agreement or employment contract? Does your treatment constitute some form of legally actionable discrimination (i.e. is it based on your race, religion, nationality, gender, disability, age, etc.)? If not, then no law has been broken; it was perfectly permissable. The fact is the most work relationships are "at will", this means that an employer can conduct its business much as it sees fit, including who to hire/promote.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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