Is it illegal for an employerto open a position outside the company without first offering it to qualified employees?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it illegal for an employerto open a position outside the company without first offering it to qualified employees?
I was told by a friend who works in HR that it was illegal. I had spoken to my manager, and he told me that they, “weren’t aware I was interested”. However, he told me to put in my application, so I did. He has told me numerous times since then that they would like to sit down with me for an interview. Approximately 2 weeks ago, I was training a new co-worker who informed me that she was the new banquet captain, and she has less experience than I have. And since then my manager still keeps telling me that he would like to interview me for the position.
Asked on December 22, 2010 under Employment Labor Law, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I'm afraid that you may not have too many rights/options here. It is not illegal to open up positions to outsiders without first offering them to existing employees. In most states employment relationships are what is known as "at will", including CT. What this means is that an employer can hire or fire someone for any reason or no reason whatsoever. It can also increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit. YAn employeein turn can work for an employer or not, their choice.
However, there are exceptions. For example, a stated company policy contrary to this or a union/employment agreement that does not allow for such action. Additionally, if this situation has arisen due to some type of discrimination (i.e., for reasons due to race, religion, age, disability, sex, national origin). Absent any of the foregoing, your employer's action does not violate the law.
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 AttorneyPages.com 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.