
The following is not meant to be legal advice.
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Pay for performance comes from getting merit increases when rated a certain way. The pay needs to be consistent with the ratings. If there is no consistency, the firm may be audited for discrimination. The audit will make sure the evaluations are in line with pay policies.
Fairness is a perception. Managers looking to hire may be required by a policy to internally post the position. If the managers do not internally post, there may be a question of fairness if there is an internal candidate who hoped for the job.
Sometimes companies may argue that job descriptions change all the time. Communication is key when an internal candidate is not hired over an external candidate. Maybe the employer did not want to put one internal candidate over another. What is not being said is a message in itself. It creates questions and there needs to be linkage.








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