If my employer has posted my position on various job search websites but I have not been counseled, written up or terminated, is this legal for her to do?

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If my employer has posted my position on various job search websites but I have not been counseled, written up or terminated, is this legal for her to do?

I still hold the position but have seen the posting online.

Asked on September 4, 2015 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 6 years ago | Contributor

Unless you have an employment contract, union agreement or even company policy that prohibits this treatment, you have no legal protection here. Also, this treatment must not constitute some form of legally actionable employment retaliation or discrimination. The fact is that most employment relationships are what is known as "at will". This means that an employer can set the terms and conditions of the workplace much as it sees fit or deems necessary. This includes who to fire, when and under what conditions. Basically this means that an employer can terminate an employee for any reason or no reason with or without c notice.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it is perfectly legal--but completely unprofessional and inappropriate. Employment in this country is "employment at will" that means that employers may terminate employees at any time, for any reason, without prior notice or any prior write-ups, counseling, etc. and they can hire new employees at any time, for any reason, even for currently filled positions. Your employer has the legal right to advertise for your replacement without telling you or seemingly without reason, then, for example, only fire you when they have a new candidate.


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