Legal Question in Employment Law in Virginia

They're trying to replace her

My friend has worked with an organization for 2 yrs,1-1/4 of which she's supervised her dept. She went from being called a Coordinator to eventually being entitled the dept supervisor.In this organization supervisor is as high as you can get in a dept, the Executive Director is the very top of the organization.

Now she's 9 mths pregnant. Yesterday was MLK Jr Day and the office was closed. Tomorrow is her due date. Today she went to work and the E.D. was shocked to see her there. She later learned the E.D.'s shock was because an interview was set for today to fill a position that was newly created and would be superior to supervisor but only in my friend's particular dept. The E.D. thought that my friend would have gone out by now and had every intention of replacing her while she was on maternity leave.

I used to work there. I know that the organization's POLICY states that all open positions are to be offered in-house before they are posted for the public. This position was never offered to my friend or posted for anyone in the office to see or apply for.

What can my friend do about this, especially since there was a breach of policy?

Thanx!!!!


Asked on 1/20/04, 6:39 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: They're trying to replace her

Merely because there may(or may not have been) a breach of company policy in no way signifies that

there was necessarily a violation of the law(and consequent right of action). In fact I know of no state or federal laws which require employers to post notices of vacancies to in-house employees before they are advertised to the general public.

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Answered on 1/21/04, 8:38 am


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