Can the company replace me with no performance issues?

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Can the company replace me with no performance issues?

I manage a function for a large corporation and the function is being elevated within the organization in terms of reporting hierarchy. I have consistently met expectations and have never had a single performance related issue in my 11 years with the company. The company have hired a new person to lead my function and I will be their only direct report initially and my goal is to transition to them. The job posting was never posted within the company and there was no role description made available to me. Can the company do this?

Asked on February 6, 2012 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, yes, a company can do this: companies are free to decide how to recruit for positions (including whether to post internally, or allow existing staff to apply); who to hire or promote for them; whether to retain, or lay off or terminate staff, etc. The fact that you have consistently met expectations has no legal effect as a general matter--it may make what the company is doing a bad business decision, but the law does not require good decisions.

The exceptions, or when they can't do this:

1) You have a personal employment contract which is violated by this behavior;

2) There is a union or collective bargaining agreement which is being violated;

3) The company, in doing this, is discriminating against you because of your race, sex, religion, disability, or age over 40 (under federal law; state law may add a few more  protected categories, like sexual orientation or national origin).

Other than the above, unfortunately, the company should be able to do this.

 


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