Is it legal for a non-union employer to create a new position without posting for all to bid?

UPDATED: Jan 28, 2012

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Is it legal for a non-union employer to create a new position without posting for all to bid?

I was passed over for a new position as well as others that wasn’t posted like positions in the past. Do I have Any legal recourse? Or is this act just unfair?

Asked on January 28, 2012 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is unfair, but not illegal. As a general matter, an employer is free to decide whom to interview for jobs, whether to post internally or only externally (or vice versa), whom to hire, etc. The only exceptions are if there is a contract (such as a union agreement) which specifies how jobs are to be posted or filled, or your personal right to apply for positions; and that employees may not discriminate in hiring against employees on the basis of protected characteristics, such as race, sex, religion, age over 40, or disability.

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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