Legal Question in Employment Law in Massachusetts
Employment Law Question: Is an employer allowed to "appoint" people to a position or must they at least post positions internally? If they are allowed to "appoint" a person to a position does that rule need to be applied equitable across the company for the same position? For example, if there are 3 new positions created called VP of Sales ( one each in Region 1, Region 2 and Region 3) , can a company appoint someone to the VP of Sales for Region 1 AND post the position for Regions 2 & 3?
1 Answer from Attorneys
Absent a corporate policy to the contrary, the company can appoint whomever it wishes to any position and is not obligated to post a job for employees to apply. Unless there is a written policy which has not or cannot be changed or a contract with a union or with an employee that requires such jobs to posted and allow employees to apply for it, there is no obligation to post a job or let any current employee to apply for such a position.
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