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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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My boss told me I would never be considered for a foreman

Customer Question

My boss told me I would never be considered for a foreman position because I reported a issue to hr even though there were multiple other reports about the same issue, I had reported it to my boss and his boss and nothing was done is this legal to tell me I am unpromotable now?
Submitted: 4 months ago.
Category: Employment Law
Expert:  John replied 4 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 4 months ago.

Here is the bot***** *****ne from a legal information standpoint. Texas like most states is an employment at will state - meaning the employer can implement policies and procedures as it sees fit. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.
In your case, unless you are being singled out because one of these protected traits above, which you have not mentioned in your question, then it would appear legal to refuse you promotion because of the report. Unfortunately, many people are of the impression that human resources has a duty solely to employees. That is not the case. Human resources is just another department of the company and has sole duty to the employer. In other words,nothing you say to them as confidential or protected. Thus, it is legal to deny a promotion solely for the reason that someone reported to human resources.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 4 months ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.