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My position was eliminated due to a "restructure" moving a position from a Development/Fundraising department, to the Business Office. Within a year, they hired someone new in the Development/Fundraising department to do exactly what I was doing. Are there any guidelines that determine if this is legally ok to do? This is in a non-profit setting of about 100 employees.

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    Hi, sorry this happened to you, I've been through something similar and it can be very difficult. Really need to know which country as laws vary widely. – solarflare Jan 30 at 1:17
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    The question of whether it's legally OK depends very much on where the business is located. Please supply that information so that those who know about your jurisdiction can give the most useful answer possible. – EvilSnack Jan 30 at 1:30
  • This is really a law.se question more than a workplace question, as you're asking about legalities rather than how to approach the situation with a manager / coworker / etc. – berry120 Jan 31 at 11:37
  • Welcome to the first stage of becoming jaded about companies. – Trevor D Jan 31 at 17:33
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It may depend on the country, but I would say in most places it is probably legal, if not particularly fair (to you).

It's quite possible that at the point you got moved, there was not enough budget for your post, so instead of making your role redundant (and thereby you) they moved you (under the guise of a restructure). Then perhaps they had a new revenue stream come in that meant they could afford that post again. If this is the case I can't see they've done anything too untoward.

Again depending on the country, some employers have strict guidelines around making posts redundant (and redeploying elsewhere). For instance, if a job becomes redundant, then the role is abolished and nobody can be employed in that role after the redundancy. There may be need to be a minimum time that the role is not in operation - which again depends on country and business type (ie public/private sector)

However, there are a few key points that need to be considered for the moral/ethical question of whether this is ok or not, that might help considering if probably legal or not.

Was the job advertised internally or externally? (either internally first and then external, or just straight to external)

Would you have been able to apply for the job yourself? (and if so, why didn't you? did you just not see it)

If the answers to both of these is yes, then I think everything is probably above board.

If either question is a no, then that's where it could start to get shaky (at least morally/ethically, if not legally)

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