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Is it legal for a facility to not post in-house job openings?

Dear Nancy,

My co-worker and I were hired full-time per diem and later requested full-time work. In the meantime, three people, all friends with management, were hired full time in our department and the positions were not posted. Is this legal?


Dear Abigail,

It is difficult to answer your question without more details. First, since it appears you and your friend were not offered the full-time positions, did you raise this issue with your nurse manager or with the person you asked for full-time positions? This would be a first step in attempting to understand why the two of you were not offered the positions if you were eligible for them and met any requirements for the positions.

The second issue is what your facility policy says about posting available positions. When and where are notices to be posted? How many days does the posting need to be shown before a hiring can occur? If you do not have this information readily available, human resources can be helpful in getting you the information.

If you determine the positions were not granted to the other people in conformity with the required process, you should raise this issue with your chief nurse officer. Your CNO will want to explore this situation because it may well be that it is not the first time hiring has occurred in this manner.

Current employees should always be given the opportunity to apply for a new position for which they believe they are qualified and a decision made in a fair manner consistent with the stated hiring process.

Cordially, Nancy

By | 2021-05-07T16:35:35-04:00 June 12th, 2015|Categories: Nursing Careers and Jobs|0 Comments

About the Author:

Nancy J. Brent, MS, JD, RN
Our legal information columnist Nancy J. Brent, MS, JD, RN, received her Juris Doctor from Loyola University Chicago School of Law and concentrates her solo law practice in health law and legal representation, consultation and education for healthcare professionals, school of nursing faculty and healthcare delivery facilities. Brent has conducted many seminars on legal issues in nursing and healthcare delivery across the country and has published extensively in the area of law and nursing practice. She brings more than 30 years of experience to her role of legal information columnist. Her posts are designed for educational purposes only and are not to be taken as specific legal or other advice. Individuals who need advice on a specific incident or work situation should contact a nurse attorney or attorney in their state. Visit The American Association of Nurse Attorneys website to search its attorney referral database by state.

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