Legal Question in Business Law in Massachusetts
Employee rights
*At my job I applied for admin assist position
*Gave my resume on the 1st day
*After checking a few times, 3 wks later i was inteviewed
*At the start HR said he didn't like me asking about the process, that it was like all other co. they look outside first and internally second. *The job described to me was nothing like the ad. it now involved travel, selling, and little admin.
*I was told i didn't get the job because another person had more exp, i was arguementative about the time it took, and he didn't like the way i was talking to another employee.
*i then asked about my current job which is not what i applied he said talk to ofc mgr
*i spoke to the office mgr with the ad in my hand. i was told to go sit back down and make myself happy. when i asked again he said there was never a typing job it was order entry & back up when the secretary was out. So go back and make my self happy or find somewhere to make myself happy. *Since then in handbook it states that they hire from within if person is qualified. I was qualified i go an interview.
*Tonight while looking on a jobsite i saw my job advertised. i haven't given my notice.
Can they do this it doesn't seem fair? there is no union so i thought i'd ask here.
1 Answer from Attorneys
Re: Employee rights
Employers can do many things which do not seem "fair," particularly since most employment in Massachusetts is "at will." What the employee handbook says may or may not give you any rights. Typically, the handbook will disclaim that it is intended to create any rights.
The employer can choose individuals for any reason or no reason at all. The exceptions are related to discrimination in violation of public policy. If a boss or supervisor simply doesn't like a certain employee, and that dislike is not based upon prohibited discrimination, the employee is out of luck.
As far as the employer advertising your job, you might just ask them what their intentions are. To be safe, it sounds like you should continue your search for a new job, because it doesn't appear that your bosses are particularly nice to you. You have no obligation to tell them your intentions (nor do they have an obligation to tell you.)
If you think you have been discriminated against based upon a prohibited policy (sex, race, ethnic, national origin, age, etc. discrimination) you could consult with an employment attorney. From what you've described, there doesn't appear to be a discrimination issue. If you have not attempted to unionize, there does not appear to be an issue there either.
The best advice, whether practicable or not, is to find an employer who values your skills, personality, and abilities, and seek to improve yourself with each opportunity. "At will" employment provides no guarantees for anyone (the sole exception would probably be corporate executives with "golden parachutes." However, they aren't guaranteed lifetime employment, either.)
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