Poplar Grove, IL asked in Employment Law for Illinois

Q: Can an employer place a job post online for my position when I have not given a notice to leave my job?

I reported to HR abusive treatment from my supervisor and asked to be transferred to another dept. There was only one other position in the practice available. I spoke to the manager of that position and realized I had no qualifications for it. I reported back to HR that I was not qualified for that position. HR stated I could work part of my current job tasks for another dept but would have to go from full time to part time. I told HR I financially had to have full time work and if the practice could not continue to provide a full time position for me so I can get out of the mistreatment I was receiving by my supervisor that I would have to start looking for full time work. HR, without my knowledge, put my position on a job search site along with on the practices' website as an available position. I didn't turn in an official notice that I was leaving my job so how can HR post that my job is available?

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1 Lawyer Answer
Greg Mansell
Greg Mansell
Answered

A: An employer can make a post for any position, including your position or a similar position, without providing any notice to you. If you reported abusive behavior based on a protected class (For example, abusive behavior toward you because of your race, medical leave, religion, etc.) then it is unlawful retaliation for them to reduce your hours or terminate your position under Title VII of the Civil Rights Act of 1964. I would follow-up with HR and state that you intend to remain in your position.

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