Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
After a move, several employees were given offices while the rest of us were given cubicles. It was made known that only supervisors would be given offices after the final move slated for later this year. The employees are in a division that is slated for a reorganization. When asked why these individuals had offices, the chief of the division replied that these employees were slated to become supervisors under the reorganization, which has not taken place.
Can these employees be given a supervisory role in a reorganization without advertising the new positions? Also, should these employees have been given offices without the positions being formally changed?
A:
Yes. The employees can be given a supervisory role so long as they are not also promoted to a higher grade level. Assignment to cubicles and offices is a matter of management discretion, but may be subject to collective bargaining if there is a union.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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