Q & A Session – Position Description Update or Re-advertisement?

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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:

At what point would a position description update or change require the position to be re-advertised?

A:

A position description can be rewritten to reflect an accretion of duties without a change in the position’s incumbent so long as it was not a planned management action. If it is a planned management action and the job is to be upgraded, it would have to be advertised. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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