Internal Job Posting Bait and Switch

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plsupervisor

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My jurisdiction is: MA employer

A few months back I posted for an internal position within my company. I spoke to the hiring manager before completing the job posting paperwork- she happened to be my former manager. I asked all the necessary clarifying questions when I spoke to her because I didn't want to waste anyone's time if the postion was not what I was looking for or if she already had someone in mind. After speaking with her, she welcomed my posting and said she looks forward to receiving it.

I want to provide a bit of historical information at this point so the picture of what happened is a bit clearer. I had worked for her in the Mass property area for 4 years prior to changing departments. The reason I left that area is because I had learned the position and felt it was time to expand my knowledge with hopes to grow within the company. Before I moved departments I had expressed my interest in learning the NH insurance product. We had someone in the position already but I thought maybe they would like the opportunity to learn the MA side of the business. When I brought this up to the manager, she looked at me like I had 3 heads and asked "Why would I do that?" I stated that maybe "Jane" would like to learn MA and make a switch. We could work with eachother and then each of us would be a stronger employee. There would be no pay increases or management changes since both worked for her. After that I felt that I had tried that route and was unsuccessful so I had to choice but to move to another area. A couple of months later I moved to the Mass Auto area where I worked for about 10 months. This manager takes something like this very personal because "you left her".

When I spoke to her about the position she had posted, I had said how I wanted to be with a product since inception (RI was a new state for us to write insurance in) and I thought it would be great to learn that. The NH portion had been in place and if interest for a few years. The position we spoke about and the one I posted for was for a RI and NH Personal Lines Supervisor position. The hiring manager told me all about what the position and what was involved.

I then completed the interview with the Human Resources representative and then had the formal interview with the hiring manager and also the Assistance Vice President of that area. During all 3 interviews I was very clear that my interest was in learning RI and NH. While in the interview with the AVP, he mentioned something about moving some supervisors around that work for him. I asked at this point would RI and NH remain the same. I was told "yes".

A week later I received a call for the HR rep telling me that they wanted to offer me the position. I was happy to hear this. At that point, I got a strange feeling like I need to make sure nothing has changed. I asked the HR rep if this was the NH and RI position. She said she thinks so- and asked if I would like her to confirm it. I said Yes-

She called the AVP in the hiring area and left him a message. He took the message from the HR rep and forwarded it to the hiring manager. She called the HR rep and said "no it is for a MA property position". My jaw hit the floor... and I instantly felt like I was being "punished" for leaving the area. (it sounds like I am paranoid but she does play these types of games). I then spoke to my current manager and she said "it sounds like a classic case of bait and switch". I agreed. She had asked if I had made it clear that I was only interested in the RI and NH position. I said that I was and that that was the only area I would consider because it was something new. I had no choice but to turn the postion down because I had already done it for 4 years and it would be a step back. My intent for learning RI and NH was also to grow and hope to be considered for a new multi state manangers role that was being created. I now felt that she did this to block me from moving into that role. She said she was moving "Cindy", one of the other supervisors who work for her, into the RI and NH role.

Four weeks later the position again was posted on the internal job posting board. I saw it and did not apply because I knew it was for MA property. I just found out that she interviewed and hired someone for the NH and RI postion. He does not have RI or NH experience or any formal training that would make him a better candidate than I. Infact, a coworker of his told me that he is alot like me- his problem solving skills, his customer service skills, and the way he runs his team.

A side note: when I was in the interview, she told me that "I can not take any additional insurance classes or finish my MBA"- at the time I did not ask way but was told by another person that she was very intimidated of me especially now since the company is now doing many of the suggestions I had made to her in the past and were shot down.

My questions come down to:

1) Is it legal to bait and switch a position without ever telling the person?

2) Is it legal to hire someone else into the position I interviewed for and was under the impression I was being hired for?

3) Is it legal to block someone from a potential advancement for personal reasons?
 
HR Response

The HR response I received was "It was a business decision to place the new candidate in the RI & NH position"

Is it okay for me to ask what qualifications he has and why I was not offered the same thing? I feel like it is retaliation against me because I left the area originally.

I really hope someone can shed some light on this matter. I don't know if it is just poor business ethics or a legal issue.

The next place I check is the Board of Labor-
 
Your employer has no legal obligation to tell you what the individual's qualifications are; nor do they have to tell you why you were not selected. Even if you are 100% correct about the reason, that is not illegal. You have no inherent right to a transfer or promotion.
 
Thank you CBG. Are you able to shed some light on the questions in the first portion? I figured that the second part would be more or less in the companies favor. The fact where they did offer the position and switched it... and then hired someone else for the position I did post for a month later.
 
1.) What you are calling bait and switch is a change in business needs and is not even remotely illegal. Just because you wanted the NH and RI position does not mean that they have to offer you that one or that you cannot be offered anything different.

2.) We've already established that this is legal.

3.) Yes, as long as those personal reasons do not include your race, religion, national origin, or other characteristic protected by law.
 
I agree with "theretoo"

No the fact I interviewed for a specific position- the RI & NH postion because that was what was posted. I got hired for what I thought was the postion I interviewed and was informed of during all 3 interviews. When I was offered the postion, they never told me it was not the job I interviewed for. I asked the HR rep because that management team has done many shady things in the past... and sure enough, they never informed me that they were hiring me for something different. They never told me outright that they changed their mind somewhere along the way...Think if I accepted the position, left my current postion, and found out that the job I got was nothing like the one I posted for. That would be one major surprise! So....it is legal to post a position for VP of an organization and hire them for the mail room without ever telling them? They would only find out when they walk in on the first day... sounds extremely wrong to me.

Personally I think she did not want me in the position because I was male and I had more education than her. Only problem...I am a middle age white male so that means being on the bottom of the discrimation chain.
 
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