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I work in healthcare as a nurse. Another charge nurse, like…

Customer Question
I work in healthcare...

I work in healthcare as a nurse. Another charge nurse, like myself and 2 others was "promoted" to an assistant manager position. The job was not posted and there was no interview. Is this promotion discrimination?

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

I just sent an email asking about this to HR and have not received a response

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Non union.

Submitted: 3 months ago.Category: Employment Law
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Customer reply replied 3 months ago
All positions are posted within the company, but the manager, who has since been fired, did not follow the process of posting the position and excluded 3 other charge nurses with the same or more experience. The reason given was: so she, the person who was moved to the asst. manager position, could do the schedule and not be sent home because she would be salary. I am waiting for a response from HR
Answered in 50 minutes by:
1/7/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,355
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I am sorry to read about your difficulties.

It would not be illegal and thus actionable discrimination if the reason for the action has nothing to do with your race, gender, age (40 and over), national origin or the like. However, it would be improper for the manager to not have followed the established policy for posting jobs. Your HR must must come up with an option to compensate you for your damages.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Phillips Esq.
Phillips Esq.
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Category: Employment Law
Satisfied Customers: 21,355
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Experience: B.A.; M.B.A.; J.D.

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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).

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