Is it legal for boss to not allow their employee to apply for another inter-company position because they don’t want to have to hire a temp?

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Is it legal for boss to not allow their employee to apply for another inter-company position because they don’t want to have to hire a temp?

Asked on December 8, 2011 under Employment Labor Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is completely legal--an employer may absoutely decide who may or may not apply for an intracompany job opening. Employers set the terms and conditions of employment, which can include not being allowed to apply for a different position; they are also free to discripline or terminate any employees (unless there is an employment contract to the contrary) who do something the employer has said they shouldn't--such as applying for an intracompany opening.


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