My a job opening be posted before filling the position from within?

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My a job opening be posted before filling the position from within?

I’m a social worker for a state sponsor organization for 18 years. My co-worker is newly hired 2years ago. She always defends my boss when she’s been accused of discriminating and unfairness from others workers (not me though, I’m the quieter). Recently, my boss promoted this co-worker to supervise all of us, excusing that she just got her degree (I also had a degree) without posting the job in office. Is it the right practice?

Asked on September 28, 2011 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no general law or requirement whatsoever that a company post positions before hiring, promoting, etc. or otherwise filling them. So whether it is "right" in a moral sense, it would appear to be legal UNLESS there is some contract (such as a union contract) or set of rules which this organization has or is subjected to (something similar to the civil service rules that apply to many state positions) which require that openings by posted. If there is a contractual obligation to post, or rules which are binding on this organization, then what you describe may be improper; however, in the absence of such, an employer is under no obligation to post jobs or promotions before filling them.


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