Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My boyfriend was promoted five months ago and was told he…

Customer Question
My boyfriend was promoted...

My boyfriend was promoted five months ago and was told he will would be put on a 90day probationary period. five months later he still has been given a raise. serval other employees has been promoted and give a raise immediately. Now they are telling his consistently that he is seems to be struggling in his new position. is this a valid cases

Lawyer's Assistant: Have you documented this or discussed it with HR?

No yet several verbal conversations with dept director and management team he also has a workers comp case going on and this started after his case was opened

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He was also passed up on several promotions. since workers comp case was opened

Submitted: 7 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
12/21/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,544
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Employers have extremely vast discretion when it comes to deciding whether to give raises and promotions. Such decisions can be based on any number of things, including performance, attitude, commitment to the company, tenure, qualifications, academic background, friendships etc. Decisions need not be fair or even explained to the affected employee.

The one thing you do mention that causes concern is your boyfriend's workers compensation claim. It is illegal to retaliate against an employee BECAUSE that employee has filed a workers comp claim. The problem is that proving such retaliation, especially when it comes to missed out promotions/raises, is INCREDIBLY difficult without very clear evidence. The employer can always fall back on one of the dozens of other possible LEGAL explanations for their decisions. Showing that you "would have" been promoted or given a raise had you not filed a workers comp claim is just very hard.

In addition to the difficulty of proving such a claim, suing your employer for workers comp retaliation without strong evidence is a sure way to irreparably damage your relationship with the employer and thereby foreclose any future possibility of advancement within the company. It is a "career death sentence," so to speak, and so again really only makes sense as an option when there is very clear evidence to prove workers comp retaliation.

This means there likely is not a great legal remedy for someone in your boyfriend's position. The best approach is most likely to continue working hard, documenting his achievements and making the best possible case to HR that he deserves to move up in the company. If that doesn't pay off, he may wish to consider looking at jobs elsewhere, where he is more valued and his contributions are respected.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,544
14,544 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have recently been promoted within the same department. I
I have recently been promoted within the same department. I have been being verbally harassed since. I am also part of UNITE HERE (union) and since taking the postition, they have tried to take away m… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
I have worked for my company for more than 15 years; as a supervisor.
I have worked for my company for more than 15 years; as a supervisor. Since 2008, I have been discriminated by my area director; due to my age ( I'm 50) & that I am a woman. Recently, my dad passed Au… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I have worked for an international company for a little over
I have worked for an international company for a little over 4 years. Since I started, there has been a manager who was not my manager at the time harassing me regarding my attire and anything else sh… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Recently my manager create a supervisor position which reports
Recently my manager create a supervisor position which reports directly to him. Although several co-workers including myself have applied; I was told that this position would be given to his secretary… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am the Finance Director for a non profit entity with a department
I am the Finance Director for a non profit entity with a department of 2; myself and one other. We handle all accounting, legal and HR matters. We have been constructing a new building for the past 2 … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
It is my belief that I was discriminated against when Management
It is my belief that I was discriminated against when Management made the decision to reassign a Co-worker from one team to another as the new supervisor. I am the only African American employee on th… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I work for a Montgomery county medical manufacturing firm.
I work for a Montgomery county medical manufacturing firm. They are world-wide. I was hired to replace an employee who was leaving the company. After 6 months our department was transferred to a newly… read more
LadyJustice
LadyJustice
Attorney & Counselor At Law
Doctoral Degree
410 satisfied customers
Hi, I need you advice and legal help in dealing with my case.
Hi, I need you advice and legal help in dealing with my case. I felt that I got discriminated and mentally harassed by my management in my company in the yearly merit increase, promotion, and day to d… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Hi, Im an online marketer with an MBA and almost 6 years
Hi, I'm an online marketer with an MBA and almost 6 years of marketing experience. I was employed by a clothing company since Dec 2007. Last week they laid off 15% of their work force (about 50 people… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
My son was just fired. He was told the reason was because
My son was just fired. He was told the reason was because he was not qualified. He was a Human Resource Specialist with a BS in HR. He has been with the company for 18 months, received a promotion and… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I have been working for a department well over four years and
I have been working for a department well over four years and my supervisor at the time consistently groomed me for the position. Nine months ago the Directors position(former supervisor) became avail… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I worked for an employer for 3 years. I had a total of 5 evaluati
I worked for an employer for 3 years. I had a total of 5 evaluations all of which were satisfactory. I was never written up for anything. I received two raises in the time I was employed, the last one… read more
socrateaser
socrateaser
1,031 satisfied customers
I have been working for a hospital for 2 years. At 1 year
I have been working for a hospital for 2 years. At 1 year and 10 months I filed a worker's comp stress complaint, because 1 of my superiors was harrassing me, who at this time is on stress leave himse… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was terminated from my job as a fire fighter/paramedic by
I was terminated from my job as a fire fighter/paramedic by the city administrator only 2 days shy of my probationary period ending. The department settled on their union contract with the city after … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Hello, I work for a car dealership as an auto tech for 7 years.
Hello, I work for a car dealership as an auto tech for 7 years. I never received verbal or written warnings. Promoted to Team Lead 2 years ago and received bonuses and raises consistently. On Thursday… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have a signed memo on school district letterhead from my
I have a signed memo on school district letterhead from my boss (a chief officer of the school district), and myself, TO the HR Director, which confirms a conversation that he had returned from a meet… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
Massachusetts. High-tech. Thirty of us were laid off, majority
Massachusetts. High-tech. Thirty of us were laid off, majority were over 40 and majority lodged prior grievances with HR. Also, in one company mtg we were told that the comp. health insurance contribu… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Verbal harrasement from a co-worker for the last year. Discussed
Verbal harrasement from a co-worker for the last year. Discussed multiple times with mgr. I suspect she makes changes to my work. Have documentation of her mistakes she states only I do and tries to g… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x