Can a person be promoted to a position that did not exist and was never posted.

Employee received a position that was newly created for them, it was never posted in the company and never actually applied or interviewed for it.

Asked on August 26, 2016 under Employment Labor Law, Colorado


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

Answered 4 years ago | Contributor

Unless this action violated the term of a union/collective bargaining agreement or employment contract, is it perfectly legal. Also, no form of actionable discrimination must have been a factor. Otherwise, a company can set the conditions of employment much as it sees fit. This includes promoting an employee for a position that never before exited or was posted.

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