my employer has posted my job

[rosh]

What is the name of your state? IL

A former co-worked emailed me a job posting that they found on a popular job site, that is clearly my job. The company has not yet fired me, nor have I given them notice, although they know I'm not 100% happy. People in my organization (subordinates, and their subordinates) are also now aware of this posting. Have my rights been violated? How do I best handle this with my boss, etc.?

 

[pattytx]

You do not have any rights in this situation to be violated. The employer is free to post your position at any time, with or without your knowledge.

Do you want to keep your job? If so, you need to talk to your boss and see what you need to do salvage your job. If you don't, better get that resume in gear and start looking hot and heavy.

 

[rosh]

can't see how keeping the job would make sense, talk about dead man walking. Hard to see how I can continue to lead a team when half of them have seen this, and only a matter of time before they all do. I think my real question is how to use this to force their hand and get a better severance package. Not really worried about finding a new job.

 

[I AM ALWAYS LIABLE]

can't see how keeping the job would make sense, talk about dead man walking. Hard to see how I can continue to lead a team when half of them have seen this, and only a matter of time before they all do. I think my real question is how to use this to force their hand and get a better severance package. Not really worried about finding a new job.

My response:

You're just lucky they haven't fired you yet.

Yeah, I'd give you a severance package - - here, hold out your wrists.

IAAL

 

[cbg]

I think my real question is how to use this to force their hand and get a better severance package.

You can't.

Nothing you have posted appears that your employer has violated any laws. They are free to post your job with or without your knowledge; unless you have a binding contract that says otherwise, they are free to fire you at any time. Severance is not required by law; again unless you have a binding contract that says otherwise, they have no legal obligation to provide you with any severance at all. The fact that they have posted your job gives you no leverage whatsoever. They are perfectly legal and well within their rights.