What are the posting obligations for a job in Maine?

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What are the posting obligations for a job in Maine?

I work for a company that is creating a new positiong that is essentially a
promotion of my current position. All of what I currently do and some additional
tasks. They are changing the title and telling me I need to reapply for this
position. In our current employee handbook there is no section about new job
postings posting internally vs externally vs both. I know this should be in
there. Since it isn’t, my understanding is that the company’s only obligation is
to post internally since it isn’t laid out in the handbook. And it is
essentially my job. I have had great reviews, get along great with the staff and
have no reason to think they are trying to get rid of me. We are a public
school. This feels really awful and doesn’t feel right. Am I wrong or are they
only obligated to an internal posting?

Asked on May 4, 2016 under Employment Labor Law, Maine

Answers:

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

Answered 8 years ago | Contributor

In an "at will" work arrangement, a company is free to set the conditions of employment much as it sees fit or deems necessary. Accordingly, an employer can impose requirements as it chooses. This is true unless such treatment constitutes some form of legally actionable discrimination or such action does not violate the terms of any applicable union agreement, employment contract or company policy (which it doesn't as to the latter since the handbook is silent as to this).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are NO posting obligations unless there is an employment contract (like a union or collective bargaining agreement) requiring posting. Otherwise, in the absence of some contractual requirement to post a job, the company is free to post it internally, or to not post it internally, as it chooses: it is up to the employer.


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 AttorneyPages.com 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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