open position and seniority Started by lawgirl8888 , Nov 01 2013 07:21 AM Please log in to reply 2 replies to this topic 10 posts Posted 01 November 2013 - 07:21 AM i am wondering if a boss can make a lateral transfer with out posting a position first and considering other applicants? also is there any law in mass protecting employees that have been with a company a long time ? 16,185 posts Posted 01 November 2013 - 09:31 AM Assuming this is a private (i.e. not a government) employer, no state regulates how the employer handles transfers within the company. The employer doesn?t have to post jobs internally at all, the employer doesn?t have to let employees compete for the posting. The employer may just pick someone and transfer him/her if it chooses. Furthermore, the employer is not required by law to take seniority into account when making internal transfer, promotion, or other internal personnel decisions.
What the employer cannot do is make those decisions based on illegal discrimination. Under federal law, that means an employer with at least 15 employees cannot make the decisions based on the employee?s race, color, national origin, sex, age (if the employee is at least 40 years old), religion, disability, or genetic test information. Massachusetts law prohibits discrimination based on race, color, religious creed, national origin, sex, sexual orientation, age, ancestry, and disability.
Of course, if the employee is a member of a union that has a contract with the employer that regulates how internal transfers and promotions are done, the employer must follow that contract or be liable for breach of contract. Union agreements often do require postings for union member positions and do require that seniority be taken into account. If you are a member of a union, read the contract that your union workers comp has with the employer to see what the employer may be required to do. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/228058-open-position-and-seniority/