job posted before I was notified of termination (employee, job openings, employer)
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I went to work last tuesday and noticed that my job position was posted on the board. A fellow employee talked to the manager and he was told that this was my position and I was going to be terminated. I have heard that it is illegal for him to post my job as open before he notifies me of my termination. Anyone know if this true?
This is definitely illegal--hard to prove though. Did they have probable cause for termination, down-sizing, write-ups or any other matter in which they talked and written you up. Now for the illegal job posting; you have to prove its for your same position if you were never written up/suspended before your termination. However, if there's a slight change in the job duties, than it may be perfectly legal for them to post. They may be looking for someone with more skills. Consider it at all angles before you think about filing a lawsuit. Very costly and the manager who told you may not stand up for you. Good luck!
Why would it be illegal for an employer to advertise for a position? If you are a union employee it may be different, but where I live employers do this every single day. While it may be immoral it certainly is not illegal.
It's pretty common here for HR people to post job openings of positions they are going to be vacant soon even if it's a termination that hasn't happened yet, although some discretion is used so as not to hurt anyone's feelings.
This is a "right to work" state though, if that makes a difference.
I never knew that this practice is illegal. Anything to back this up? As mentioned before, maybe this is just a Union thing?
The government, Fed, State, and City do it all the time. These are called open or continues jobs. That is, at the moment they do not have the job. As soon as they have a demand for such a position they get their list out of those individuals who have applied.
Reminds me of my first day of orientation at a hard drive manufacturer in 1994. I was going through it with other new employees and one of them was the new “environmental hazards manager”. Seems the former EHM had been laid off the previous month.
This was my first glimpse of the “corporate way” of out with the old in with the new. Apparently it is used quite a bit in the “corporate world”. Especially once you turn 40 something. Or is it when the “corporate culture” turns 20 to 30 something?
There'd be nothing illegal about this in a "right to work" state.
It might be a violation of a union contract, but that's not "law", that's an employment agreement.
Many businesses and government employers post job listings for jobs that are currently filled, but in anticipation of a vacancy or staffing needs which may happen at a future time.
I wouldn't waste any legal time expenses on this situation. Unless you are in a union employment job, where the union steward can take your case through the dispute process per your agreement.
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