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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Los Angeles County has a policy that needs to change. If an

Resolved Question:

Los Angeles County has a policy that needs to change. If an employee applies for a promotional examination, Human Resources determines from the employee's application and resume if he or she is qualified for the job they are applying for. Some of these jobs require no written examination. Therefore, HR has what they call an AP or "Appraisal of Promotability." If the employee scores below 70% on the AP, he or she is then disqualified from competing for the job, giving, in my estimation, the supervisor the power and authority to block an employee from growing and developing. I've been on my present job for over 6 years and everytime I try to promote, my efforts are thwarted by the supervisor giving me an AP of below 70%. No discussion with me or anything. The job I was applying for had just a bit more responsibility and the salary was somewhat higher, but not dramatically higher. Can anything be done when a supervisor is deliberately trying to hold an employee back?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

No, unfortunately, while this policy definitely gives undue weight to the supervisor's judgment of the employee, it is not illegal, so it couldn't be challenged in court or be a subject of a law suit.

I wish I had better information to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Joseph, I went ahead and accepted your answer. But I'm not at all satisfied. You said pretty much what I thought you would say--that no laws have been broken. However, at the risk of sounding like a typical disgruntled employee (which I am), why does this supervisor keep doing things to prevent me from promoting to a higher position or transferring out of the unit? I am a good employee. I come to work everyday that I can and I perform my job to the best of my ability. I get along with my co-workers, I'm friendly and cordial to doctors, nurses, and patients when they come to me for help. So why am I constantly being attacked? I can appreciate what you said about no laws have been broken per se, but what about discrimination, disperate treatment, abuse of power by a supervisor or manager? All of these things are very common in the workplace, as you know. I expected your answer to be just a bit more in depth as to what legal action, if any, I could take against this supervisor who has deliberately stopped me from growing and developing in my career with L.A. County Department of Health Services. Unfortunately, men and women who have a gaping hole in their psyche as big as the Grand Canyon, always seem to be the ones who pursue managerial or supervisorial positions. Because there is so much lacking in their own personalities, they purposely seek positions in which they have authority over others and this gives them a false sense of compensation for that lack. And they are the very ones who should not be there. Wherever I go in life, I know that I have to take care of myself--no one else is going to do it for me. Therefore, I'm planning to retire from the County in a little less than 2 years. I'm currently in graduate school, I have 2 undergraduate degrees, and a sole practitioner business. I think I can make it without L.A. County's Department of Health Services, which I now hate with a passion. Thank you. Harvey [email protected]

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