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Employment Law/Applying for a job in a different department


State: Texas

Are interviews mandatory when an individual applies for an open position, within the same company?

When communications occur and the applicant is told they are the best candidate based on their current job ethics and no interview occurs, concerns rise. This happens all too often and I was curious as to what laws may be written, if any, to actually help promote from within.


These topics are not addressed by either Federal or Texas state law.  Employers are free to use any process they choose to fill jobs internally or from outside.  If there is a union contract or if the employer publishes certain policies to employees, then the employer must follow the labor contract and should follow its own policies, but otherwise there is nothing that requires using interviews in the staffing process.

I hope this is helpful to you.

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Frank C. Magill


I can answer questions about any U.S. labor or employment law question. I cannot answer questions about non-US law. I am not a specialist in employee benefit law (ERISA and HIPAA) or Workers' Compensation law, but will do my best to point questioners toward good resources availabe online. Expertise includes, without limitation, EEO/Affirmative Action/Employment discrimination (Title VII, Age Discrimination in Employment Act, Americans With Disabilities Act, GINA, Fair Credit Reporting Act as applied to employment); Fair Labor Standards Act; Texas labor code; Family Medical Leave Act; employee compensation; discipline and dismissal; force reductions, severance pay programs and administration; collective bargaining, union representation, grievances and arbitration, National Labor Relations Act and National Labor Relations Board; employee handbooks; staffing; dispute resolution outside of traditional labor agreements; employee communications; employment policies and compliance programs; codes of ethics; employment or labor litigation.


30+ years experience as corporate counsel for a Fortune 100 telecom company, specializing in labor and employment law issues. In addition to providing day-to-day advice to my company's internal HR leadership and staff, I've represented the company in numerous labor arbitration cases and at the bargaining table.

Texas, Illinois and Missouri state bars

J.D. 1979, Harvard Law School. B.A., Summa Cum Laude, 1976, Illinois Wesleyan University.

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