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View Full Version : Job Posting = Must Hire?? Massachusetts


ekatarina
01-25-2007, 05:36 PM
Hello! I'm new to the forum, so I'm hoping I'm following the proper thread procedures. Forgive me if I don't.

Someone mentioned to me that if I post a job posting in Massachusetts, say on Craigslist or in the paper, that I HAVE to hire for that exact position by law. Is this the case? Would anyone know where I can go to get documentation on this please?

The reason why, is that I am looking for someone to fill a retail position with a specific non-retail background. Because I am asking for a unique set of qualifications, my concern is that we will not find someone within the desired salary range that we would normally pay an hourly associate. I also want to see what types of candidates we would get. While I am totally serious, and do not intend on "stringing people along", I want to make sure that I can decide that the move would not be appropriate if I want to after interviews have been conducted.

Basically, is it Massachusetts law that if an employer posts a job, they MUST hire for that job?

Thank you for any help you have on this!

robb71
01-25-2007, 05:49 PM
I've never heard of such a law.

IMHO it wouldn't make sense to have such a law.

For example, many companies post jobs that are not currently open in order to have resumes on file for when one does open up. Other times companies may post if they anticipate a resignation which is later not handed in.

cbg, our moderator, is from your state. She'll know for certain.

Also if no law exists, there will be no documentation on it.

rjc
01-25-2007, 06:24 PM
I am from MA and do not believe such a law exists. If it did my current employer would have been in violation more than once.

For instance, it is always quite possible that an employer post a job, then some days/weeks/months later the employer is no longer able to sustain the salary and benefits necessary to support the opening. I cannot fathom a court decision wherein the employer is compelled to complete the process and fill the position ...

cbg
01-25-2007, 10:18 PM
I have never heard of such a law either.

A few years ago, my then-employer made a good-faith offer of employment to one individual and still had several job postings open. The very next day after making that offer, the financial roof fell in and we were forced to lay off 50% of the work force if there were to be any hope of staying in business.

Under such a law, we would have been forced to continue hiring for those open postings even as we laid off vitally needed workers because we could no longer afford to pay them.

(Ultimately the company was forced to close.)

ekatarina
01-26-2007, 08:08 AM
Thank you all so much for your help! That really sets my mind at ease. I am much obliged for your assistance on the matter.

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