KJ1004
07-28-2006, 01:55 PM
Quick Question
Anyone know what the law in Maryland is for POSTING open positions?
We have several openings available at my job some that are middle-management jobs and our HR person told us that she is required by law to post them internally for 5 days BEFORE she can even put them in the paper. I think this is total bull.
Anyone know the truth here?
Thanks!
The law does not require that positions be posted internally - at least, not for private employers.
However, if any employer wants to post a position internally for five days before going outside, there is nothing whatsoever illegal about that.
Why are you so eagar for the positions to be posted externally before internally?
ElleMD
07-29-2006, 01:11 AM
If you work for a government of some kind or have a union, it is entirely possible that this is the procedure you must follow. For private sector employers it may be their policy, but it isn't legally required.
KJ1004
07-31-2006, 08:05 AM
Not so much that I'm EAGER for the postion to be posted externally, its just that the position we are hiring for, is a upper management position and we already know there is no one within the company that would qualify.
OK, that's reasonable. I was just wondering.
OtakuCop
09-11-2006, 07:53 AM
So in Maryland, an employer is not required to post job openings at all?
(sorry to post in your thread, but I needed more clarification on this issue that you brought up)
I work as a mid-level supervisory (w/ union) government contractor, and our company has an open management position (non-union). Are they required to post the job opening at all? They picked a person (of same rank/position as I) withough allowing anyone else to apply for the job. Is this within their 'managerial rights' or is their any equal opportunity kinda stuff saying they have to have it open to all who qualify?
ElleMD
09-11-2006, 07:58 AM
MD Law does not require you to post jobs. There is nothing in COMAR or any other regulation the states how you must handle vacant positions and advertising.
HOWEVER, if you have a union, I bet you a dollar to a donut that the union contract states how you must post jobs. Also, there may very well be a clause in your government contract that addresses this as well. It is very common for government contracts to specify how vacancies are to be handled.
The LAW does not require that any jobs be posted. Ever. In all 50 states. Unless there's something specific to government contractors, in which case I'm sure Elle can tell us.
It is possible that the union contract may. But that's something you'd have to address with the union, not the legal system.