A Bum Deal

What is the name of your state? New York

Can an employer that is looking to get rid of someone (but does not have grounds to fire them) post that person's position while they are still in their current role?

Second, Can they force an employee that is in the same group to also allow their job to be posted - just so it doesn't draw suspicion to their real motive.

I think I know the answer... but please help to determine how this employee who is asked to cooperate, should handle this.

Short of a collective bargaining agreement (union contract) that may control job posting processes (which is really not a "law" but a contract that the employer is a party to), there are no laws that I know of that regulate job postings at all. Is posting a fake job opening sneaky? Yes. Is it unethical? I think it is. Is it illegal? Probably not.

sounds unethical to me

why are you trying to get rid of this employee if there are no grounds for their termination?

Bum Deal

This person they are trying to get rid of is not working up to par, not meeting deadlines etc. But on the flipside - not doing anything major that would require termination. Lets just say they have another candidate in mind.

huh?

If they are really not meeting deadline or working up to par, I would think that is a good enough reason fortermination provided you have spoken to them about their lacking performance and have documented it in the past.

I would think that it would be legal for a company to post a position whether or not the current employee has left or not. I've seen job postings that say to send resume in confidence, so, I guess it is legal. I can't say that I think it is ethical though.

Posting the job of someone who is currently employed is legal - but stupid. Even if the employer doesn't care how this employee feels about that, what about the rest of the workforce? Everyone will quickly become aware of it and wonder who it's going to happen to next. This sort of thing destroys morale, makes employees suspicious of management (with good reason) and results in good employees leaving for jobs elsewhere.

This employer would be well-advised to deal with the performance issues this employee has in an above board manner and if he or she fails to improve, THEN take the appropriate steps to terminate him/her and look for a replacement.