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Ad for position

MsLadyMsLady 55 Posts
in HR & Employment Law Vote Up0Vote Down
The company that I am temping for has decided to make the Human Resources Department a 2-person team. I had an ee tell me that I needed to contact all applicants that have applied for the open position and let them know that it is now a 2 person department...I don't agree, and told the ee that. Sounds a little ridiculous to me...but hec what do I know? (Please, no pot shots on that one! x:D )

In my mind I feel it is totally legal to go ahead and advertise for the second position and keep the wheels going on the original position. Please let me know if I am wrong in my thinking...which, believe it or not, happens a lot! #-o

As always, your assistance in this matter is greatly appreciated. Thank you for your time and do have a great day.

Kari
(I am in MO, if that means anything)

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Comments

  • 4 Comments sorted by Votes Date Added
  • vmiller MOvmiller MO 98 Posts
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    Your question has a lot of implications. Are the two jobs equivalent? Is one a "supervisory"position over the second position? Are you filling these jobs from the existing employees, from nonemployee applicants, or both? Does your company have written hiring and promotion procedures?

    Generally, if you have no written policies concerning hiring or filling vacant positions, continue to follow your instincts. From a legal perspective, you need only to be concerned about actions that could violate the antidiscrimination laws, i.e., race, sex, ethinic or national origin, age, religion, etc. In your case, it appears that you have a number of options. First, assuming the both positions are equivalent, you have a vacant job. Fill it. Advertise for the second position. You can include the unselected applicants for the first position in the pool of applicants for the second position if you want. You do not, however, have to do so and probably can only be successfully challenged on a disparate impact theory. If the jobs are not equivalent, then you may want to just consider only the second pool of applicants. Of course, those individuals who have already applied, could submit applications for the second position.

    As to employees telling you what to do, it is always important to listen to employees. However, in Missouri, we remain an at-will state and give management the right to manage the business without undue government entanglements. Therefore, you should act in the best interests of the company.
    Vance Miller
    Editor, Missouri Employment Law Letter
    Armstrong Teasdale LLP
    (314) 621-5070
    [email]vmiller@armstrongteasdale.com[/email]
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  • ParabeagleParabeagle 3,085 Posts
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    I don't see any legal or ethical obligation to inform existing candidates for position no. 1 that there is another position. Proceed and initiate a separate search for position no. 2 -- if there are candidates in the first search that would be suitable for the second spot, all the better.
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  • MsLadyMsLady 55 Posts
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    Thank you so much for your helpful insight!

    Kari
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  • SMaceSMace 1,481 Posts
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    The main trouble you have to worry about is if the applicants were told their application would be kept on file for XX days. If you did that you have to consider them if the time has not expired. Even if that is the case you can still place an ad, just make sure you consider the previous applicants or a discrimination charge could arise.
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