What are the posting obligations for a job in Maine?

I work for a company that is creating a new positiong that is essentially a
promotion of my current position. All of what I currently do and some additional
tasks. They are changing the title and telling me I need to reapply for this
position. In our current employee handbook there is no section about new job
postings posting internally vs externally vs both. I know this should be in
there. Since it isn’t, my understanding is that the company’s only obligation is
to post internally since it isn’t laid out in the handbook. And it is
essentially my job. I have had great reviews, get along great with the staff and
have no reason to think they are trying to get rid of me. We are a public
school. This feels really awful and doesn’t feel right. Am I wrong or are they
only obligated to an internal posting?

Asked on May 4, 2016 under Employment Labor Law, Maine


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

Answered 4 years ago | Contributor

In an "at will" work arrangement, a company is free to set the conditions of employment much as it sees fit or deems necessary. Accordingly, an employer can impose requirements as it chooses. This is true unless such treatment constitutes some form of legally actionable discrimination or such action does not violate the terms of any applicable union agreement, employment contract or company policy (which it doesn't as to the latter since the handbook is silent as to this).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There are NO posting obligations unless there is an employment contract (like a union or collective bargaining agreement) requiring posting. Otherwise, in the absence of some contractual requirement to post a job, the company is free to post it internally, or to not post it internally, as it chooses: it is up to the employer.

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