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Employee Promotion Law Related Questions

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 an unfair promotion given to a coworker, it can lead to disgruntlement and raise questions about promotion laws and employee rights. To learn more about promotion laws, you can ask an Employment Lawyer. Experts can answer any questions you may have related to promotion laws and provide legal insight. Below are a few of the most commonly asked questions answered by Experts.

Can an employee file a suit for breach of contract if employer denies a promotion after verbally guaranteeing it?

When an employer offers an employee a specific position and salary, even if only verbally, once accepted by the employee, it will normally form a binding contract. If an employer chooses not to honor a job contract, the 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. Since the law is state specific, it would be a good idea to discuss your situation with an employment lawyer 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 on your case by asking Employment Lawyers.

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 should 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 he/she was passed for a promotion due to age and the employer's dislike of the employee?

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 you can gather 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 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 the laws. When you have tough legal questions about promotions issues, you can ask an Employment Lawyer. Experts can answer any type of promotion related question that you may have, in an efficient and knowledgeable manner and provide legal insight based on an evaluation of your case particulars.
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