GA Employment Law Internal Hiring

[csouther]

Georgia.
Is there any laws and/or regulations regarding internal job postings and promotions?
Specifically, can a company automatically promote a candidate into an empty (not newly created, but newly vacated) position without interviewing or accepting applications from other internal employees?
Please provide specific documentation reference if possible.
Thank you.
CS

 

[loku]

There are no state or federal laws requiring postings; however, if it is a definite policy of the company to do so, then it may have become part of the implied employment contract. If that is the case, it is difficult to prove a case based on this.

 

[csouther]

EEO Title 5 of U.S.C.

Thank you for your response. Upon further research, according to the 2302(b) of title 5 of the USC points :

5) Influence anyone to withdraw from competition for any position so as to improve or injure the employment prospects of any other person:

and

6) Give an unauthorized preference or advantage to anyone so as to improve or injure the employment prospects of any particular employee or aplicant

...wouldn't these apply to a situation if an employer willfully promoted an employee without making the position open to other applicants? I would imagine item 6) would be more applicable.
I imagine that these are a highly deterministic as to the situation, but given the situation I've presented, do you feel that there has been a breach of law here?
Thanks
CS

 

[loku]

I agree that your interpretation of Sec 2302(b)(6) probably prohibits hiring outside people to full positions newly vacated without posting the job so that employees may apply. However Sec 2302(a)(2)(C) provides that Sec 2302 applies only to certain federal executive agencies and the Government Printing Office. So unless you work for a federal executive agency or the Government Printing Office, the section does not apply to you. If it does apply, then you can probably find more details about what is prohibited or allowed in the Code of Federal Regulations.

If you work for a state agency, the state may also have pertininet regulations.