Employment Law Questions? Ask an Employment Lawyer.
HelloThis is Samuel and I will discuss this and provide you information in this regard.First let me clarify that Nepotism which is the hiring of family or close friends is not illegal in the private sector and if there is no policy to the contrary then it is not illegal and not actionable.NOW, if this Nepotism is causing some type of discrimination in hiring practices as due to your race, age, gender, disability or national origin then it could be an EEOC violation. And it appears this may be the case in your situation.I suggest you will want to file a complaint with the EEOC - but that you also should consider having a local employment attorney review the agreement they are asking you to sign. I suggest you do not sign it without having it fully reviewed.Can they eliminate a position, yes. But they can't discriminate under the guise of eliminating positions.
That is a corporate loophole. And yes, they can rename a position stating the other is being eliminated. Again, however, they cannot do it because they want to get rid of a person based on their race, age, gender, etc. So you would need to show that it was done this way to hide the discrimination.As to applying for the position, they should have advertised as per the policy of the company. Many times it is not advertised outside of the company but it should be advertised within the company if the policy is to promote within.I suggest, again, it appears you have a basis for an EEOC complaint. And I suggest you have a local employment attorney look at the agreement before you waive your rights to file such a complaint.
Get copies of any company handbooks with policy and also share that with the local attorney when you go for a consultation. Let them look at the policy and they can determine if the new title is a ruse just to discriminate.
You should be able to get a consultation for less than $50 and if the attorney takes the case, it would be on a contingency basis meaning their fee is a percentage of any settlement they garner for you.