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Internal job postings not available for qualified returning candidate.

New Smyrna Beach, FL |

As I can get a bit of my strength ( not fully recovered from disability but I am thinking accommodation request) and willing to return to my previous Company in the same position that I worked for in the past for about 11 years, I found out that internal job postings are not available for external candidates. I was let go in the past due to my disability and I am eligible for rehire according to the exit interview papers. Also, a letter from employer stated that if I cannot get back to work, my employment will be terminated but I will eligible to apply in the future yet, positions for which I am qualified for are not available for external applicants, only for internals. I know that there is no law requirement about job postings, is this a fair and nondiscriminatory hiring practice?

Attorney Answers 1

  1. There is nothing unlawful about an employer limiting the pool of candidates for certain positions to current employees.

    It may be that you do not need the employer to abandon or modify this policy. Under the circumstances of your prior employment, it may be that you can communicate with the company about your availability, capability and interest in returning. You may be able to get into a dialog with your former employer even without the target of a specific open position.

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