Is this illegal?

[HealthyRN]

Does anyone know if nonprofit healthcare organizations are required to post open job positions? I always thought that open positions had to be made available to internal employees first and then offered to non-employees. A management position in my organization was recently filled, but the position was never posted. In fact, noone had any idea that the position was even open until we received news that the old manager was terminated and someone was already hired as a replacement. And the new manager just happens to be a good friend of someone in senior administration. Aren't there laws against this sort of thing?

[Nurse SMS, MSN, RN]

No, a company is not required to promote from within. I don't think law regulates that at all, unless it is a union job.

[HealthyRN]

Thanks, Gentylwind. Just to clarify, the new manager was not a current employee of the company, so this was not a promotion. Salaried workers are not unionized in this organization.

[IngyRN]

It depends on facility policy. There is no law that states they have to post a position-this is manager discretion.

[Murse901, MSN, RN]

I'm not an HR specialist, but I believe they only have to post a position if they are an EOE employer. Even then, there is no requirement to post it internally before accepting external applicants.

[noc4senuf]

I just filled my medical records position and staffing position without posting it. There is no one in the facility that qualifies and they are not union positions. I do have to post the union positions which means in my facility is the CNA's only. I do work in a non-profit facility.

[towntalker]

i have seen this done in non-profit faciities but in state/federal jobs i know that they have to advertize

one woman at the va hospital applied for an advanced job and was denied because of a type of gerrymander work requirement very cleverly worded so that only the one they wanted..she filed a grievance and received the promotion

[grammyr]

In our state, it doesn't have to be posted and even if it is a relative of a board member will always win.

[Daytonite, BSN, RN]

When I was required to take a couple of healthcare classes two years ago I was looking up the definition of nonprofit corporations and was surprised at what I found. I think that you, like I, think that there are some kind of special laws they have to follow. What I found only had to do with their IRS tax status. Otherwise, they are private companies/corporations just like any other and can do as they like within their internal structure and the running of the company. Unless you know they violated their own personnel policy by not giving employees a first shot at this position there is nothing you can do except file a grievance and hope they don't hold it against you. If this is a privately owned company (not publicly held corporation) it's even worse because the owners can hire at will. And, no, there are no laws against them being able to do this. If there were, it would also be true that the company could force people to continue to stay employed when they wanted to quit and that would be a violation of our basic human freedom.

[imanedrn]

Does anyone know if nonprofit healthcare organizations are required to post open job positions? I always thought that open positions had to be made available to internal employees first and then offered to non-employees. A management position in my organization was recently filled, but the position was never posted. In fact, noone had any idea that the position was even open until we received news that the old manager was terminated and someone was already hired as a replacement. And the new manager just happens to be a good friend of someone in senior administration. Aren't there laws against this sort of thing?

If the non-profit is also a government entity (for example, UMC is Las Vegas is a county hospital), then it is required to post open positions, thus giving everyone a "fair" share. (This is not true for all government agencies, though, some of which post positions to hire solely from within -- like the FBI does.)

If your non-profit is just a non-profit, although they still must abide by DOL regulations, there is nothing else saying they must hire in any special way.