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


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.

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.