What are the rights of an employee

Can an employer secretly advertise the
position of a current employee while
the employee is still actively engaged?

Asked on September 5, 2016 under Employment Labor Law, New York


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

Answered 4 years ago | Contributor

There is no legal prohibition against this. That is so long as such action does not constitute some form of legally actionable discrimination or violate the terms of an employment contract or union agreement The fact is that most employment is "at will", which means that a company can set the terms of employment much as it sees fit. This includes advertising a current employee's position.

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