Questions about Employee Promotion Laws

Promotions are offered by employers to advance an employee’s rank or position within a company. An employer may us a promotion as a reward for an employee’s performance or achievements. A promotion usually involves advancement in rank, salary and benefits. However, when an employee is passed up for promotion, denied promotion or feels aggrieved by promotion given to a coworker, it can lead to disgruntlement and raise questions about promotion laws and employee rights. To learn more about promotion issues and laws, many people ask Employment Lawyers on JustAnswer. The Experts answer a wide variety of questions related to promotion laws. Below are five of the top questions answered by the Experts.

Can an employee file a suit for breach of contract if employer verbally guarantees a promotion but does not follow through?

When an employer offers a potential employee a specific position and salary, even if only verbally, once accepted by the potential employee, it will normally form a binding contract. If an employer chooses not to honor a job contract, the potential employee could file suit for breach of contract and seek compensation for damages. However, damages would usually occur after someone has lost something that they had prior to the breach of contract, not something un-obtained through a promise made in a contract. Generally, a court will not award a person damages in a case like this because there are no actual damages. Due to the law being state specific, it would be a good idea to discuss your situation with an attorney in your area. There may be some new rights or claims that can be made by an employee that only your lawyer may discuss with you. You could also seek a second opinion or legal insights by asking Employment Lawyers on JustAnswer to evaluate the particulars of your case.

If an employer passes an employee for promotion on the grounds of “lack of interpersonal skills”, can the employee sue for discrimination?

Under normal circumstances, as long as the promotion is not based on race, age, gender, religion, or disability, there is no legal recourse that you can take. If the decision was made for reasons different from the ones mentioned above, the employer has not discriminated against you, therefore you may not be able to sue them. As an employee at will, your employer has the right to determine when or if you will be promoted.

If an employer offers a car allowance as part of a promotional contract, but later denies the allowance; would the employer be in breach of a contract?

If your employer offers the car as part of your contract, he cannot deny you the use of the car. You can take your employer to court and sue for breach of contract. However, this could make it almost impossible for you to continue your working relationship with the employer.

How can an employee prove that they are passed for a promotion due to age and the employer not liking them?

There is no law that states that an employer has to offer promotions to, or like his employees. However, denying an employee a promotion because of the employee’s age is a different matter altogether. When an employer denies an employee a promotion based on age, the employer is violating the Age Discrimination Employment Act (ADEA). To prove that your employer has passed you for a promotion based on your age, you would have to have comments that were made that justify the promotion was not given to you because of your age. If you can produce this type of evidence, you can contact the EEOC. The EEOC will conduct an investigation to gain facts to support your case at no cost to you. You may be able to resolve the situation with your employer, but if you can’t, any evidence will strengthen your case against the employer for age discrimination.

What steps should an employee take if they feel they have been discriminated against for a promotion?

If you think that you have been discriminated against, the first thing that you should do is take your concern to the Human Resource department in your company. Usually, the HR can resolve issues between an employer and employee. If for some reason the HR cannot help you, you can take your complaint to the human rights department and/or the EEOC. The EEOC will determine if you have a case by conducting an investigation. If they find evidence of discrimination, they will usually sue on your behalf. If they do not sue on your behalf, it will be your decision whether to sue or not on your own in a civil matter.

Promotions usually lead to a better working relationship between an employer and their employees. By offering advancement in rank and pay, an employer is showing the employee that their hard work has been taken into consideration. However, not all promotions end in such a nice and neat package. Being denied or passed up for promotion or being discriminated against can leave employees wondering about their rights and the provisions of promotion laws. There are some situations that require a professional view that you won’t be able to find at the water cooler chatting with friends. When you have tough legal questions about promotions or promotion issues, you can ask an Employment Lawyer on JustAnswer. The Experts can answer any type of promotion related question that you may have, in an efficient and knowledgeable manner.