Is it legal when a “promotion” is open at a job for an employer to select the applicant they want before even going through the interview process?

UPDATED: Sep 29, 2022

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Is it legal when a “promotion” is open at a job for an employer to select the applicant they want before even going through the interview process?

There are interviews scheduled but word on the floor is already out who has the solo position available even though the “hiring process” isn’t even completed yet. Nothing official has been announced but it does indeed seem like the person the rumor surrounds will be the one to get the job. Is there anything preventing this?

Asked on August 18, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is perfectly legal employers are free to promote whomever they want, and to have any process--or lack of process i.e. to simply make an arbitrary decision--as to how they choose people to be promoted. It may be a violation of the employer's internal policies, but the law does not enforce internal policies you can go to upper mangement or HR and see if they will intervene, but if they do not and allow this occur, it is legal and you would have not other recourse.

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