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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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I have been working for a homeowners association for approximately

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I have been working for a homeowners association for approximately 15 years. I have worked in maintenance, grounds, pool technician, and security. I am originally from Puerto Rico. We have a new manager, this manager decided to bring in two people to work in positions that he created within our maintenance dept, with supervisor and assistant supervisor titles, he did not post these positions, or address them with the association board members. No one else had an opportunity to apply for these newly created positions. Is this legal? The Homeowners Association employee handbook indicates that it is an EOE and their commitment extends to advertising and hiring. We have current employees that were well qualified for these positions and they were not given any opportunity to apply. What should we do about this, should we take it to the EOC? The HR dept would not give us any answers.
Legally, I am afraid the employer can do so provided it is not out of discrimination due to race, age, gender, nationality or religion. The employer can do so within its discretion for no reason at all. You can ask for reconsideration though and can look to an employee manual if available in case procedure for review is not being followed.
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