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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Can weekend or outside work prevent you from a promotion. No

Customer Question

Can weekend or outside work prevent you from a promotion. No effect on work
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Thank you for your question, however, I am not sure I understand the facts. Are you asking if an employer can choose not to promote someone based on their outside activities, including work? If so, can you tell me what State this employee works in, whether they are in a union, and also whether the work they are doing on the outside is the same or similar to what they do for the employer and if it is with a competitor to the employer?
Customer: replied 2 years ago.
I work for a school district in the business office. I was denied a promotion due to the reason I occasionally bartend on the weekends. I was never told that it was an issue and one work does not effect the other. That was said in an email. To my face I was told that a single 28 year old shouldn't need to make more money. In the state of Pa
Expert:  Marsha411JD replied 2 years ago.
Thank you for the additional information. Although some states restrict what an employer can consider in terms of off-duty activities in making a decision about an employee's position, hiring, retention, etc., PA is not one of those states. In other words, as long as the employee is an "at will" employee can does not have a contract that states otherwise, the employer is free to use any non-discriminatory factor when making employment decisions.
So then the issue is if there is any unlawful discrimination in this action. Age under 40 is not a protected class, so the fact that they mentioned you were young would not qualify. Also, although some states have laws that provide protection based on marital status, neither Federal nor PA law does. That leaves some factor that I might not know about. For example, if you are one gender and the employer made a different decision with someone of a different gender, race, etc.
If you do believe that you were singled out not because of your job but because of your sex, race, national origin, religion, disability, pregnancy or AIDS/hiv status, then you would have a basis for filing a discrimination complaint. Otherwise, although perhaps not fair, the decision not to promote you would be lawful (again assuming no violation of a contract or written policy).
Please let me know if you need any clarification.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 10th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.