Requesting an interveiw for an upcomming promotion

My company is opening an new location with salaried management postions. I spoke to the DM about interiewing for the job. He said ok my store manager needed to put me in for the job. I have been asking him to do this for months and he would put me off with- we will do it next week. I spoke to the DM again and he said he set up the interview. Then he resigned. I have sent e-mails to his replacement and to the district hiring manager and didn't get answers back. I also kept asking my manager for information and help. He kept saying he did'nt have any information about the job being interviewed for. I sent an e-mail to the district HR manager and got the reply that the job I have wanted to interview for months has been filled. My company on its website and in the employee handbook says it promotes from within but advancement jobs are not posted. Do i have rights i do not feel this is a fair work practice - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Donald W. Heyrich

Donald W. Heyrich

Contributor Level 6
Unless you are in a labor union or in a public sector civil service job where there are stringent requirements on how to fill positions, it is largely the employer's prerogative to use whatever recruitment process they want. Even if a process is spelled out in an employee handbook, you would not have much recourse to enforce the policy, unfortunately. Conceivably, if you could prove with certainty that you would have been chosen had the policy been followed, then maybe there could be a potential claim, but that would be difficult to prove. I do not mean to suggest that this is a wise business practice. Employers should always strive to follow their policies and also work to make sure recruitment efforts are fair to everyone who wants to apply. Where corners are cut or policies ignored, the situation increases the risk that someone will be able to argue that they were passed over for illegal reasons, such as age, race, gender, disability, etc. Probably not the news you were hoping to hear but I hope it helps. -Don
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Top Employment Contributors

1.
Archibald Johns Thomas III
Contributor Level 6
35 answers, 0 legal guides
2.
No photo
Contributor Level 6
28 answers, 0 legal guides
3.
Alan James Brinkmeier
Contributor Level 10
25 answers, 0 legal guides
View all Employment Lawyers on the Contribution Leaderboard