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Question added to topic Human ResourcesMarch 12, 2008

Do you legally have to advertise an open position in your company?

If a position becomes available in the company, and you have a person in mind for the position, do you legally have to advertise the position?

Our Board of Directors is questioning the CEO about the hiring of an IT manager without officially advertising the position in the newspaper. She did, however, let the board know at several meetings that we were actively looking.
It is a good management practice to post job openings internally to give employees a chance to apply, find out more about the job, discover what they may need to do to be best qualified in the future for such a job, etc. Sometimes management may not be aware of all of the skills, experience, abilities, knowledge, and career interests of all employees. Posting jobs helps to provide a way for employees to exhibit these and gain exposure to other managers or areas of the company.

However, the appointment of a position is a management decision. The exception to this rule, would be if there is a disseminated policy or a standard practice that all job openings at the company are routinely posted internally for a specified period of time and that internal applicants get first consideration. Even so, most of these kinds of policies have a disclaimer for specific situations to provide management the discretion necessary to act in a timely fashion and protect the best interests of the company.

Penny is a seasoned human resources executive and consultant with over 25 years of diverse business experience in advising enterprise leaders on employment-related matters.

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