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Posting Job Openings Quick Question!

LoraWLoraW 6 Posts
in HR & Employment Law Vote Up0Vote Down
Can I legally post accepting applications for the following positions without having an actually job opening?

What are the laws to that?

Need help quick!
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Comments

  • 7 Comments sorted by Votes Date Added
  • Down_the_MiddleDown_the_Middle 771 Posts
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    Short answer is yes,...............and you've presumably thought through the pros N cons of doing this. Doing a little fishing, are we???
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  • Don DDon D 9,834 Posts
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    Yes, It's quite a common practice to 'build a pool' of candidates in anticipation of future vacancies. Whether you run an ad to solicit resumes/applications or recruit to your business door, you need not have an immediate opening to do what you're doing. As the other poster seemed to imply, though, if you totally mislead the public, it might affect your credibility so that when you actually move to fill openings, what you thought was your pool, may have dried up.
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  • Hunter1Hunter1 808 Posts
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    Also, depending which state you're in, misleading the public in this way is called deceptive advertising, and IS against the law. In WI, it is against the law to place an advertisement for positions which you have no intent to fill.
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  • Don DDon D 9,834 Posts
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    I think any one among us is smart enough to figure a way to advertise for applicants without an immediate opening. I would be interested in the background on what spurred the state legislature in your state to come up with this regulation. Do you know?
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  • Hunter1Hunter1 808 Posts
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    Sorry, I don't really know, and it's hard to research. It's part of a very comprehensive law on deceptive advertising. I once had these possible explanations given to me:

    1) You are an at will employer. Mary works for you and has skills which would be hard to replace. You've heard that she's looking for other employment. You place a blind ad with her qualifications and a better compensation package. Mary answers the ad. You make arrangements to replace Mary and let her go.

    2) You need to know what your competition is paying. You place an ad, get your applicants to reveal salaries, and, presto, you've got your salary survey.

    We wouldn't want employers in the state of Wisconsin to do underhanded things like that.
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  • SystemSystem 5,885 Posts
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    No federal or state laws that I know of would prohibit - if you have a personnel policy manual that dictates an actual opening must occur before posting, you'd need to comply with that. The way we do it here is to on our announcement state that 'ALTHOUGH NO VACANCIES CURRENTLY EXIST, WE ARE ACCEPTING EMPLOYMENT APPLICATIONS FOR ANTICIPATED FUTURE OPENINGS'. It tells people up front, & saves alot of phone calls!
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  • CinderellaCinderella 632 Posts
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    All informative responses, I will add one more. Some publications and Internet boards have "terms of agreement" that state a job must be legitimately open if you are going to post with them. Will they ever find out? Who knows. What could/would they do about it? Who knows, but the company could end up looking like a bunch of jerks. I would put an ad out about anticipated openings, have an open house to network, attend career events, etc. before I would put a "false" ad in the paper. That's just too slimey in my book (and I'm a recruiter!).
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