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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Labor and Employment. Former Administrative Law Judge.
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Are employers required to post job openings internally or at

Resolved Question:

Are employers required to post job openings internally or at the very least notify employees of job openings granting current employees the opportunity to apply before hiring some from the outside?
Submitted: 7 years ago.
Category: Employment Law
Expert:  Cowgirl Lawyer replied 7 years ago.
HelloCustomer

Absent a written contract (usually a union contract), which requires the posting of job openings and granting current employees the opportunity to apply for the jobs, there is no requirement that an employer in DC follow this practice. Washington, D.C., like most states, follows the at-will employment rule.

That means that, absent a written contract to the contrary, employees have no right to their job (or to be given preference to apply for another job). An at-will employee may be be fired for any reason or no reason at all, absent a few limited exceptions such as anti-discrimination laws.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you need me to do so.

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Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.





Customer: replied 7 years ago.
Here's the situation: a person was interviewed for the same position as mine but was hired at a higher level, however, it was never announced that such a position had been created. The position was created for this person. I have been doing the work this person has been hired to do and there are other employees who may be equally qualified to perform the job duties but no one else was offered the opportunity to even apply for the position and i would be the one training them.
Expert:  Cowgirl Lawyer replied 7 years ago.
HelloCustomer

I understand how unfair this feels. However, absent some sort of illegal discrimination such as age (over 40), disability, race, religion, or sex, the employer is free to be as unfair as they want to be. Unless you have a written employment contract (such as a union contract), you have no right to your job, nor to workplace fairness. The employer has the right to hire, fire, demote, or promote whoever they wish. That is the unfortunate reality of the legal rule of employment at will. That is why unions exist, to give some balance to the employment equation.

If you believe that there is some sort of illegal discrimination going on, such as age (over 40), disability, race, religion, or sex, I can discuss this further with you.

Otherwise, you may want to contact a union and discuss with your co-workers the possibility of forming a union so that your workplace has some degree of fairness. If that option interests you, we can also discuss that further.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you need me to do so.

If not, please click ACCEPT to pay Just Answer and me for helping you. Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.

Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.





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