can your job be advertised while you are still employed?

bom21 · 03-08-2013 10:22PM #1

Hi,

just saw my position being advertised online. Point is I'm doing really well but the company has new management in place whom want to cut costs and are really being sneaky but just not that smart.

I called the agency, which is my company's agent of choice and asked about the position (the name of the company isn't displayed but the terminology and location is very specific) She asked me where I work and I told her. I knew by her reaction that this was my job being advertised.

Is this legal?
Wife, 3 kids and a hefty mortgage so getting stressed out!!!:mad:

AlanS181824 · 03-08-2013 10:25PM

bom21 wrote: »

Hi,

just saw my position being advertised online. Point is I'm doing really well but the company has new management in place whom want to cut costs and are really being sneaky but just not that smart.

I called the agency, which is my company's agent of choice and asked about the position (the name of the company isn't displayed but the terminology and location is very specific) She asked me where I work and I told her. I knew by her reaction that this was my job being advertised.

Is this legal?
Wife, 3 kids and a hefty mortgage so getting stressed out!!!:mad:

Not sure about the legal status of that but that is just pure mean!
Hope something gets worked out for you.

Frank Lee Midere · 03-08-2013 10:27PM

It's possibly an extra employee.

bom21 · 03-08-2013 10:33PM

Frank Lee Midere wrote: »

It's possibly an extra employee.

I'm a dept manager, and my title was quoted in the advertisement. There is only one job with my title.

silja · 03-08-2013 10:54PM

Very bad form of the company but yes, it is legal.

Borzoi · 03-08-2013 11:00PM

bom21 wrote: »

Hi,

just saw my position being advertised online. Point is I'm doing really well but the company has new management in place whom want to cut costs and are really being sneaky but just not that smart.

Is this legal?

Aware of similar situation. You should consider legal advice

Wanderer2010 · 03-08-2013 11:11PM

Im not sure about the legalities OP but if true its bad form of the company. Then again we only have your side of the story, you say you are doing really well, but maybe the staff have complained you, maybe you rub people up the wrong way and its hurting the bottom line- cash and productivity. This could be the company having a hand picked replacement for the position after they sack you. I would advise you to check out your contract and see what the procudeure is for grievances etc, both employees against you or you against the company. If you can honestly say you arent a bully, inept at your job or somehow dont fit the company culture then see your union rep if you have one to explain your fears to get advice on the next step.

If thats not an option contact your solicitor to get the legalities right 100%. Good luck.

No Pants · 03-08-2013 11:14PM

Print out or save the ad somewhere. Could help if you find yourself in a constructive dismissal situation later.

Frank Lee Midere · 03-08-2013 11:20PM

Most people in Ireland think they are in America. We have much stronger laws in employment. You can't just sack people with no cause. There needs to be documented procedures. Written complaints. And it has to be legit. Not bogus ****e.

You can also let people go without prejudice if it's a layoff but that only applies if the company is losing money and they can't replace you with someone else: the position not just the worker has to be terminated. Sometimes they might try games by renaming the same position but that too is illegal.

Tom_Cruise · 03-08-2013 11:25PM

Apply for the position.

Pro Hoc Vice · 03-08-2013 11:30PM

silja wrote: »

Very bad form of the company but yes, it is legal.

How is it legal, the only way they can give the new person the job is to fire the person in the job, or make him redundant. To fire him needs cause and he has not been told anything then they do not have cause to fire him. A company can not make a role redundant if they are going to even before they make him redundant advertise for his replacement.

OP seek advice.

silja · 04-08-2013 02:47AM

infosys wrote: »

How is it legal, the only way they can give the new person the job is to fire the person in the job, or make him redundant. To fire him needs cause and he has not been told anything then they do not have cause to fire him. A company can not make a role redundant if they are going to even before they make him redundant advertise for his replacement.
OP seek advice.

They would indeed need cause to fire the OP, and from what little we know, they do not. I am not denying that there are shady things going on, and legal/ union advice would be a good idea for the future of what they may do to get rid of OP. However, the question was ONLY about advertising while there is someone in the position, and that part is legal.

FYI, I was a hiring manager in Ireland for many years before moving to the US.

Mr. Loverman · 04-08-2013 03:25PM

The OP could be on probation, or his contract could be about to end.

OP, talk to your employer about this.

Something similar-ish happened to me recently, but it turned out to be nothing to worry about and I actually got promoted shortly afterwards.

bgrizzley · 04-08-2013 03:33PM

Promotion was the first thing that popped into my head when i read the op. Perhaps wait until you know more.
Hope it goes well anyway.

Freemount09 · 05-08-2013 09:38AM

Get your husband / friend, to apply for the position. Do up an impressive CV if they get an interview get them to ask 'how / why is this position becomming available?"

ads20101 · 05-08-2013 09:46AM

Ok, let's look at the facts:

If the OP is doing as well as he is stating (and to be honest he has no reason to lie) have we considered one of the following for the OP outside of dismissal:

He is getting transferred to another area for his expertise.

He is getting promoted.

Just a thought......

can your job be advertised while you are still employed?

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