Do all supervisor openings need to be posted?

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Do all supervisor openings need to be posted?

My company used to post all positions if
there was a job opening. They have now
stopped posting day shift supervisor
owning and giving first dibs to 2nd and
3rd shift supervisors to move directly
into those positions. Then the company
will post the 2nd or 3rd shift position
which is not ideal for many of us who
have been with the company for 20 plus
years that have families where 2nd or
3rd shift does not work out. The 2nd and
3rd shift supervisors usually end up
being hired on from outside the company
because of lack of intetnal interest due
to the shift. The one time they posted a
1st shift opening 19 internal can I
dates applied and then they backfilled
the position with a 2nd shift supervisor
and no one got interviewed of the 19
applicants.

Asked on December 28, 2017 under Employment Labor Law, Illinois

Answers:

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

Answered 3 years ago | Contributor

Unless this action violates the terms of an employment contract or union agreement it is legal. The fact is that most employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit. Accordingly, unless this treatment constitutes some form of legally actionble discrimination (i.e. is due to race, religion, disability, age, nationality gender, etc.), then is is perfectly permisable under the law. If this is unacceptable to you, you can complain but risk termination or quit.

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

Answered 3 years ago | Contributor

Unless this action violates the terms of an employment contract or union agreement it is legal. The fact is that most employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit. Accordingly, unless this treatment constitutes some form of legally actionble discrimination (i.e. is due to race, religion, disability, age, nationality gender, etc.), then is is perfectly permisable under the law. If this is unacceptable to you, you can complain but risk termination or quit.


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 AttorneyPages.com 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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