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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: 5 months ago.Category: Employment Law
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12/21/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 5 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,041
Experience: Significant experience in all areas of employment law.
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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.

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