Can my boss give my position to another worker?

UPDATED: Sep 30, 2022

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Can my boss give my position to another worker?

After 3 months of starting work, I got promoted to become the temporary cook. I was to fill the position until the permanent cook returned. Now, a year, later I have earned enough hours to apply for the permanent position, which I have done. The other day my manager told me that he wanted to train someone else for that position, to

Asked on April 5, 2016 under Employment Labor Law, Hawaii


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

Answered 6 years ago | Contributor

Do you have an employment contract  or union agrement that prevents this action? Is it prohibited by company policy? Did your treatment constitue some form of legally actionable discrimination? If not, then you are an "at will" employee. This means that your employer can set the terms and conditions of work much as it sees fit. This includes who to promote and when.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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