Is it illegal to post a job opening before the person in that position has been terminated?

Asked on March 8, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, it is not illegal. An employer may post, advertise, recruit, etc. at any time, including before an employee is terminated, the same way a landlord may advertise for prospective new tenants before the old tenant's lease is up or they have left. It may be insensitive and, at least in some cases, unprofessional to do this, but it is legal.

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