Is it legal for a company to extend an offer to someone without a job posting and not giving internal applicant a chance? Then posting position AFTER the recruiter extends offer?

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Is it legal for a company to extend an offer to someone without a job posting and not giving internal applicant a chance? Then posting position AFTER the recruiter extends offer?

Good afternoon. I recently applied for a
position that I qualify for at my current
job. I applied about 1-2 weeks ago. During
this time the recruiter went on vacation and
returned yesterday, July 27, 2016. The
Internal recruiter called me and told me the
position was already filled as they had
extended the external candidate an offer
while she was on vacation. I spoke with the
hiring manager who had told me he was
actually hiring 2 spots for that position. So
I emailed the recruiter and told her this. I
wanted to be considered for the second
position. She informed me that the actually
just extended an offer for the second
position that very same afternoon just before
she emailed me back. I went home and found
online that the Company just posted the
second position both internally and
externally at 430 pm that same day. This
was after the recruiter replied to my email
about being considered for the second spot.
Is that legal? I know the company has a
policy that all internal applicants have to
be interviewed if they qualify and the
position has to be posted for 7 days to be
fair. Please advise.

Asked on July 28, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The law does not  require companies to post jobs internally or give internal applicants an opportunity to apply or be considered for them. And the law does not enforce companies' voluntary internal policies in this regard--if your company chose to ignore its own policy, it is free to do so. What you describe may be unprofessional and unfair, but it is legal.


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