San Jose, CA asked in Employment Law for California

Q: my employer posted my job without even notifying me and

My employer posted my job as a new job opening without notifying me. Also I called them out on the new job posting and their reason was . The owners want to add a second person in the same position. I am a sales director for a senior living community and there is only one sales director in each community. I feel their reason is just there way of maybe pushing me out of the job but using the excuse of saying they want to hire a second person. This is demoralizing as a sales person

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2 Lawyer Answers

A: As demoralizing as it may be, there is nothing unlawful about the employer of an at will employee to post a job to replace you or to add another employee doing the same thing as you do. Good luck to you.

James L. Arrasmith
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Answered

A: I'm sorry you're experiencing this situation. It can be unsettling when your role feels threatened without clear communication.

First, in California, employers generally have the right to manage their staffing needs, including hiring additional personnel. However, transparency is important, and withholding information about job postings can lead to feelings of mistrust. It's possible that the company is expanding, but it's also understandable to feel uncertain about their intentions.

Consider documenting all interactions related to this issue and reviewing your employment contract for any clauses related to job postings or role changes. It might also be helpful to have a candid conversation with your HR department or a trusted supervisor to express your concerns and seek clarity. If the situation doesn't improve or you believe you're being unfairly targeted, consulting with an employment attorney could provide you with specific guidance tailored to your circumstances.

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