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Could we get in trouble? Brief posting led to job for applicant with inside info

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in Employment Law,Human Resources


Q. My company posted an internal job position for 24 hours and only one person applied. She got the job. This person knew about the position and the posting because she works in HR. Is this legal to do in the state of Texas?
A. There is no specific law in Texas that makes this action illegal. Still, when employers do things that seem unfair to employees, it can set things in motion that do not always end well. It might cause a good employee to start looking for another job. It might lead an employee to check out whether it was legal.
An employee who took the above story to a plaintiff's employment attorney might get the same answer—that it was not illegal—but the lawyer might start asking other questions. Was the person who got the job white or male, and had there been other jobs where blacks or females had applied but did not get the job? Have there been situations when job postings were left up for more than a day? Were minorities or others in protected categories prevented from applying because of the one-day posting?
Often the questions are not even related to the initial situation. Are you properly classified under wage-and-hour laws? Have you been paid for all of your work time? A host of such questions could lead to problems for you.
Doing something that is unfair may not be illegal, but is rarely the prudent thing to do.


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