Is it legal for a employer to hire a intern to replace another intern?
lookingforanswer asked:
Hello:
Hello:
I have been working as an intern for almost a year.
Last week my employer informed me that I would need
to leave by the month because maximum duration of an internship can be 1-year without turning into a regular employee position. Otherwise, he has given me good performance review.
I also found out that he is planning to hire another intern to replace me.
Is it legal to do that. If the job description is the same, is he required to make me a regular employee instead.
Of course it’s legal to do that. Most companies have policies like that. If you work as an intern for a year (or however long the company wishes) you either need to leave or fill a regular position. The point of an internship is to allow you to learn and allow the company to have you on a trial period as a way to find great and loyal employees.
An internship, by definition, is a temporary position. The intent is teaching (employer’s job) and learning (your job). There probably are limits that, if exceeded, would turn the position into a permanent one, which might or might not be good for you, but bad for the internship program and the next person needing to learn.
Time to leave the nest and fly on your own, little bird.
If you had a contract assuring you that you would be hired for a certain job at a certain time at a certain rate of pay, then you can enforce it. If you had no such contract, then you have no rights to the job and you have lost nothing
What state do you live in?
Most states in America have what the law calls a presumption of “at-will employment.” This means that unless there are circumstances that indicate otherwise (such as a written contract or an oral promise) a court will presume that your employment was at-will, and thus, an employer can terminate your employment for any reason that doesn’t violate the law.
Even internships are considered “at-will” unless there are circumstances that indicate otherwise.
yes.
Your (or anyones’) employment is never a guarantee.
Most states in the US are ‘at will’ states, which means the employer can fire an employee anytime, without reason or notice.
I think your boss is playing by their company’s internal rules and is being decent to give you a 1-month notice.
Get used to the real world!