Can a boss hire his kids

I work for a small Unionized company about 11
workers that are broken up into full time and
seasonal workers. Just wondering if the boss is
allowed to hire his kids?

Asked on May 6, 2017 under Employment Labor Law, New Jersey

Answers:

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

Answered 3 years ago | Contributor

Unless such an action is prohibited under the terms of a union agreement or employment contract, hiring family members is legal. The fact is that in an "at will" employment arrangement, a company can set the conditions of the workplace much as it sees fit. This includes nepotism.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is completely legal, and a boss hiring his kids is very common: how else do you think Ivanka, Eric, or Donald, Jr. Trump got jobs in the Trump businesses, or Jared Kuschner a job in his father's company? If there is a union agreement barring this, that would be different: a union agreement is a contract, and an employer could agree, in such union contract, to not engage in certain hiring practices. Such a contract or agreement would be enforceable (in court), so you can review the terms of the union agreement to see if it bars the boss hiring his kids. But if there is on contractual restriction on it, your boss may hire his kids.


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