Job posting...

robinhrgirl

Is it a legal requirement or just good practice to have a resignation in hand and post a position before hiring or transferring another employee into the position?
This is really bugging me. I haven't been in HR that long, but I've been told all along that we should require a written resignation or termination letter before posting a job or advertising and that the job should be posted for at least one full day if not more before interviewing, hiring and or transferring someone into the position.
Could someone within the organization bring litigation for not being given the opportunity to apply or transfer? This is one of our higher paid positions in the district and I would imagine there might be several individuals interested.

Thanks,
Robin

Down_the_Middle

It's just good practice. While there may be a State or two that mandates some formal resignation from an employee (for other reasons), I'm not aware of any. I believe a written statement or completed form from the departing employee is important for numerous reasons (e.g. COBRA, forwarding address info, reference release authority, scheduling exit interview, etc.................) Permitting your employees to apply for vacancies is a sound employee relations practice. Disregarding the current staff is never a good idea and breeds other problems, labor unions, etc...... We choose to post ALL vacancies for min of 7 days b/4 making any job offer and while we advertise simultaneously, we try to expose our employees to the vacancy b/4 the outside world reads about it.

Brad Forrister

Your "in the district" comment makes me wonder if you're a governmental agency. If so, special statutes or rules may apply.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

robinhrgirl

"In the district," refers to a school district. I need to spend more time looking under the KS Dept. of HR and see if there is anything there. I glanced through it hurriedly but was unable to find any specific info. Unfortunately, in this particular case, I'm hoping there are no special rules or statutes that apply. I found out yesterday afternoon that the administrator had already offered the position without getting a resignation, or a transfer request in hand. It is a "done deal."

Thanks for your response,

Robin