Job filled before posting

[brandjmac]

What is the name of your state (only U.S. law)? Nevada

I am not looking for solid legal answers but I do appreciate any directional advice that can be given. My wife has been working for a national pet supply company for 9 years. She is the Assistant Store Manager in her store. She has worked for and with the same General Manager for all of that time, with the exception of the last 2 months. Recently, however, the General Manager has been transferred to a store in another city. My wife applied for the position, but she was turned down by the District Manager after applying with the excuse of "we don't feel the financial compensation we could offer you would be worth the amount of responsibility you would have." without even giving her the chance to say 'yes' or 'no'. Instead they hired someone with near identical work experience from outside the company, though admittedly, the new candidate does have a 4 year degree in Business, while my wife does not. Ok, fine. It seems wrong, but she got over it, because the District Manager had said, "but, don't worry. There will be a new store opening in a couple months, we will take the GM from the north store (there are currently two stores of this brand in our town a 'north' store and a 'south' store, my wife works at the 'south' store) and she will likely have the new store, and we will give you the 'north' store."

This pacified my wife enough to let the topic drop until such time as this all came about. Recently, the District Manager she had spoken to had also been transferred. Now, the new District Manager came into the store to meet everyone one and he started talking to the new General Manager and asked her where she had worked previously. She mentioned her previous line of work and my wife over heard him saying, "Oh, well that's nice. We already have someone else in mind from that same line of work to fill the new store when it opens up." That was a few weeks ago and tonight my wife received a message from one of her employees saying that she heard the same thing, just today.

So, my question is this, with hiring for the new store not happening for at least another couple months, can they already 'have someone in mind' from outside the company and if they do, can they hire that person if qualifications are similar to my wife's? If they do hire someone else and if they give my wife another excuse like 'financial compensation' (we dont have a problem with money necessarily, she just want the title and experience to make a potential move out of state later easier, so we can live on less salary) without giving her an opportunity to reject the financial offer, can we take any action? Can she take any action at all if she over heard that conversation and they follow through with their 'plan?'

 

[Proserpina]

What is the name of your state (only U.S. law)? Nevada

I am not looking for solid legal answers but I do appreciate any directional advice that can be given. My wife has been working for a national pet supply company for 9 years. She is the Assistant Store Manager in her store. She has worked for and with the same General Manager for all of that time, with the exception of the last 2 months. Recently, however, the General Manager has been transferred to a store in another city. My wife applied for the position, but she was turned down by the District Manager after applying with the excuse of "we don't feel the financial compensation we could offer you would be worth the amount of responsibility you would have." without even giving her the chance to say 'yes' or 'no'. Instead they hired someone with near identical work experience from outside the company, though admittedly, the new candidate does have a 4 year degree in Business, while my wife does not. Ok, fine. It seems wrong, but she got over it, because the District Manager had said, "but, don't worry. There will be a new store opening in a couple months, we will take the GM from the north store (there are currently two stores of this brand in our town a 'north' store and a 'south' store, my wife works at the 'south' store) and she will likely have the new store, and we will give you the 'north' store."

This pacified my wife enough to let the topic drop until such time as this all came about. Recently, the District Manager she had spoken to had also been transferred. Now, the new District Manager came into the store to meet everyone one and he started talking to the new General Manager and asked her where she had worked previously. She mentioned her previous line of work and my wife over heard him saying, "Oh, well that's nice. We already have someone else in mind from that same line of work to fill the new store when it opens up." That was a few weeks ago and tonight my wife received a message from one of her employees saying that she heard the same thing, just today.

So, my question is this, with hiring for the new store not happening for at least another couple months, can they already 'have someone in mind' from outside the company and if they do, can they hire that person if qualifications are similar to my wife's? If they do hire someone else and if they give my wife another excuse like 'financial compensation' (we dont have a problem with money necessarily, she just want the title and experience to make a potential move out of state later easier, so we can live on less salary) without giving her an opportunity to reject the financial offer, can we take any action? Can she take any action at all if she over heard that conversation and they follow through with their 'plan?'

There is no legal action to take. Your wife isn't owed anything, not even an explanation. It could be that she's a little too good at what she's doing where she's at - it could well be easier to keep her there instead of having to replace her.

 

[LdiJ]

What is the name of your state (only U.S. law)? Nevada

I am not looking for solid legal answers but I do appreciate any directional advice that can be given. My wife has been working for a national pet supply company for 9 years. She is the Assistant Store Manager in her store. She has worked for and with the same General Manager for all of that time, with the exception of the last 2 months. Recently, however, the General Manager has been transferred to a store in another city. My wife applied for the position, but she was turned down by the District Manager after applying with the excuse of "we don't feel the financial compensation we could offer you would be worth the amount of responsibility you would have." without even giving her the chance to say 'yes' or 'no'. Instead they hired someone with near identical work experience from outside the company, though admittedly, the new candidate does have a 4 year degree in Business, while my wife does not. Ok, fine. It seems wrong, but she got over it, because the District Manager had said, "but, don't worry. There will be a new store opening in a couple months, we will take the GM from the north store (there are currently two stores of this brand in our town a 'north' store and a 'south' store, my wife works at the 'south' store) and she will likely have the new store, and we will give you the 'north' store."

This pacified my wife enough to let the topic drop until such time as this all came about. Recently, the District Manager she had spoken to had also been transferred. Now, the new District Manager came into the store to meet everyone one and he started talking to the new General Manager and asked her where she had worked previously. She mentioned her previous line of work and my wife over heard him saying, "Oh, well that's nice. We already have someone else in mind from that same line of work to fill the new store when it opens up." That was a few weeks ago and tonight my wife received a message from one of her employees saying that she heard the same thing, just today.

So, my question is this, with hiring for the new store not happening for at least another couple months, can they already 'have someone in mind' from outside the company and if they do, can they hire that person if qualifications are similar to my wife's? If they do hire someone else and if they give my wife another excuse like 'financial compensation' (we dont have a problem with money necessarily, she just want the title and experience to make a potential move out of state later easier, so we can live on less salary) without giving her an opportunity to reject the financial offer, can we take any action? Can she take any action at all if she over heard that conversation and they follow through with their 'plan?'

Of course they can already "have someone in mind" and no, your wife has no cause of action against them.

 

[cbg]

For private employers, there is no requirement that an employer ever post a job unless a legally binding and enforceable contract expressly and in so many words says they will. There is no legal obligation for them to consider internal candidates and they can "have someone in mind" either internal or external, any time they feel like it. They do not have to offer her the position, or even an opportunity to apply for the position, and there is no action for her to take.

 

[brandjmac]

Thank you all for your comments. I had assumed that it would all boil down to what you all seem to be in agreement on. It just feels wrong to be led toward one goal constantly, then always denied. She has been told to apply for GM spots in three other stores for this company and every time, after she does, she is let down with always seemingly poor explanations.

Thank you all very much!