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TexLaw
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Experience:  Contracts, Wrongful termination and discrimination
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Do I have legal recourse for being passed over for promotion

Resolved Question:

Do I have legal recourse for being passed over for promotion for a 2 week suspension that is 3yrs old, though my negotiated union/management labor contract states disciplines 2yrs and old will not be considered in competitive promotional processess???
Submitted: 2 years ago.
Category: Employment Law
Expert:  TexLaw replied 2 years ago.
Have you spoken to your union rep about this?

Is the reason that your employer passed you over specifically because of the suspension?
Customer: replied 2 years ago.

I am a federal employee, I was passed over for this for the last 2yrs though I ranked top 10 on the promotion list I was not given a 40% deduction, but I was not selected for promotion or given an explanation when I inquired though I was supposed to be told in writing why I was not selected. This is according to our agency employee manual.


 


I recently took another promotional exam in October 2012, that will be effective in Jan 2013 and I again scored very high but now I have been given a 40% deduction penalty for a discipline that occurred in 2010. I talked with the union and was told that it was legal for the agency to deduct the 40% for past discipline, though it specifically states in the labor union contract hat discipline 2yrs and older shall not be considered. I have asked for a review about this deduction, which effectively puts me almost to the bottom of the list.

Expert:  TexLaw replied 2 years ago.
Thank you for your response.

The fact that you are just now being hit with the 40% deduction after taking the promotional exam again is troubling. However, you are stating that the contract only states that disciplinary measures over 2 years old may not be considered in the promotional process. Thus, I would conclude that the union is correct in that the agency may make the 40% deduction at this time.

However, if the agency is truly considering the old disciplinary measure as a reason for denying your promotion, then this would be something that would be in violation of your union contract.

Do you have specific proof that the reason you were not promoted is because of the old disciplinary proceeding?
Customer: replied 2 years ago.
No I have emails requesting an answer but the agency has never replied.
Expert:  TexLaw replied 2 years ago.
In my opinion, without specific proof of the fact that the agency is considering the old disciplinary matter as a reason for denying your promotion, then you do not have a strong case and I would not recommend that you bring the claim in court.

Proof is the most important aspect of the claim, and without any sort of actual documentation which shows something illegal, then you are only working on a hunch. The agency has the right to choose not to promote you for any legal reason. So, I'm afraid this wouldn't be a good case at this point.

I would encourage you to continue pressing through your union rep to see if there is any pressure they can apply to find out more information as to why you were not granted the promotion. Also, keep an ear open to office gossip for any helpful information and press on your supervisor to see if he/she can tell you what is going on.

Please let me know if you wish to further discuss this matter. Also, although I could not tell you that you have a good case, I hope you appreciate my legal analysis and rate my services positively so that I might receive payment for my work by the website.

Thanks and I wish you the best of luck,

ZDN
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4258
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 6 other Employment Law Specialists are ready to help you

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