Employee Promotion Laws Frequently Asked Questions
Employers offer career advancement to advance an employees rank or position
. This may be done as a reward and also as an incentive for an employees performance and achievements. A promotion is normally associated with advancement in rank, increase in salary and benefits. However, when an employee has not been considered for a promotion, being denied promotion or feels unjustified by promotion given to a co-worker, it can lead to dissatisfaction and may start questioning promotions and employee rights. To become more aware about promotion issues and laws, many employees turn to employment lawyers who can answer a wide variety of issues on promotion laws. The following are the top five questions which have been addressed.
Can a suit for breach of contract be filed by an employee if the employer verbally assures a promotion but does not keep up the promise?
When an offer has been made by an employer with regards to a specific role and remuneration, even if so only verbally, once accepted by the potential employee, it would normally be deemed to form a binding contract. If this contract is not honoured by an employer, the potential employee can file suit for breach of contract and seek legal recourse for compensation for the loss incurred. However, these losses should usually occur after the potential employee has lost something that they had prior to the breach of contract, not something forfeited through a promise made in a contract. In such cases, a court generally would not award an employee damages since there are no actual damages. The laws being state specific, it would be a good idea to consult an attorney in ones particular area. There may be a possibility of some new right or claim that are state specific that only a lawyer would be able to advise. An employee could also seek a second opinion or get legal insights by consulting employment lawyers and evaluate particulars pertaining to their area.
Can lack of interpersonal skills be grounds for an employer to bypass an employee for promotion? Can the employee be sued for discrimination?
Normally, if the promotion is not based on race, age, gender, religion, or disability, there is no legal recourse that the employee can take. If the decision was made for reasons different from the ones mentioned above, the employer has not discriminated against the employee, and as such the employee may not be able to sue them. As an employee at will, the employer has the right to determine when or if the employee will be promoted.
Would it be considered a breach of contract if an employer initially provides car allowance as a part of a promotional contract and does not provide it later?
If car allowance is offered as part of the contract and the employee is later denied the same, it constitutes for breach of contact and the employee can sue for the same. In such as situation, it would make the employee almost impossible to have a working relationship with the employer.
In the event that an employee is passed for promotion due his/her age and the employer not liking him/her; how does an employee prove this?
It is not required as per law that an employee has to be promoted or should be liked by the employer. However, if an employee is not given a promotion due to his/her age; then the employer would be breaching the Age Discrimination Employment Act (ADEA). The employee should have comments that were made by the employer to prove that promotion was not given due to the age being the factor. The EEOC may be approached if one has evidence to prove it. The EEOC will probe the complaint made to get facts to support the case free of cost. The case may be resolved internally with the employer. However, if that does not transpire, then any proof that one may be able to get regarding age discrimination by the employer may assist in strengthening the case.
What actions should an employee take if they believe that he/she has been discriminated against for a promotion?
If the employee feels that he/she has been subjected to discrimination, the foremost thing that they should do is take the issue to the Human Resource department in the company. In most instances the HR may be able to solve issues between an employer and employee. The human rights department and/or the
EEOC may be able to assist if the issue is not resolved internally by the HR. The EEOC will determine if there is such a case by conducting a probe. In the event the EEOC is able to get proof of discrimination, the EEOC itself will sue on the employees behalf. In case they do not sue on the employees behalf, it will be for the employee to decide whether or not to sue on their own in a civil matter.
Promotions usually tend to foster a better working relationship between an employer and their employees. As recognition for the employees hard work, the employer gives advancement in rank and pay. However, not all promotions end in such a nice and neat package. Employees end up wanting to know their rights and provisions of promotion laws if they are not promoted. One may
ask an employment lawyer in case of any doubts regarding the issue.
by: MeghanJones
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