Phantom/Invisible Internal Jobs

I work for a fast-growing charter school that is developing various new positions at the district administrative level. I’ve noticed that there are some positions that are created and filled but which are not posted internally or externally to possible applicants. Is this a lawful practice? Recently, a job was posted. I submitted my application yet they announced it has been filled. Others I know who applied, like myself, were not invited for interviews or contacted in any way regarding the process. I want to understand my rights and what might be a course of action in question of these practices if my concerns are valid.

Asked on April 2, 2017 under Employment Labor Law, Texas

Answers:

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

Answered 3 years ago | Contributor

Does this action violate the terms of a union agreement or employment contract? Does it constitute some form of legally actionable discrimination (i.e. is it based on race, religion, age, disability, gender, etc.)? If not, then your employer can set the conditions of the workplace much as it sees fit. This includes when to post job openings or whether to even post them at all. 


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