Is it legal for the company I work for to not post open positions available but hire someone without certification for that position?

I work as a family nurse practitioner for a small group that is expanding. They are in process of opening a clinic in my hometown but I was never asked if I wanted it. Instead a brand new graduate who was not certified at the time was promised the spot. Is that legal since it was not posted nor offered to someone with 5 years experience? Do I have a case?

Asked on June 28, 2016 under Employment Labor Law, Texas

Answers:

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

Answered 4 years ago | Contributor

Does this action violate a union/collective bargaining agreement or employment contract? Does your treatment constitute some form of legally actionable discrimination (i.e. is it based on your race, religion, nationality, gender, disability, age, etc.)? If not, then no law has been broken; it was perfectly permissable. The fact is the most work relationships are "at will", this means that an employer can conduct its business much as it sees fit, including who to hire/promote.


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