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Can I file a civil action for failure to promote against my…

Can I file a...

Can I file a civil action for failure to promote against my employer

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

Just considering it. I have already left the employer.

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

No. I do not belong to a union. The employer is a state public funded rail organization.

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

Thought it was a case of racial discrimination. Made a complaint to the state human rights commission but it was dismissed.

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Answered in 4 minutes by:
4/21/2018
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 691
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - did you speak to your HR rep?

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Customer reply replied 3 months ago
No. I am no longer there. It is a long story starting from around 2013. The organization did a Job Classification and compensation review for all Non Union Staff that came up with a new grade structure. Salaries of all non Union employees were increase but I was placed on a grade that meant no review to my salary. Hr claimed in a memo to me that was the recommendation of the consultants that did the class and comp study. I later got the study report and found that was not true. I then made a discrimination complaint to idhr. The complaint was dismissed for lack of jurisdiction. It is currently on appeal for review with ihrc. While this was going on, 3 job postings came out that I applied for. I was invited for interview for the second but was not chosen. I was not invited for interview for the first and second. I again filed retaliation complaints against them. They were dismissed because they said they were looking for someone that could work amicably with all staff and partners and I am not that person. This is an organization I have been working with with good staff appraisal since 2005. All this problem started in 2013 because of a change in management.

I'm sorry to hear about your situation - The problem with trying to file a civil suit against the employer is all they need to show is any reasonable reason why they did not want to promote or hire you for the new job. And when I say any - I actually mean any. The law is very much not on your side.

DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 691
Experience: Partner at McCollum Hodgkinson, P.C.
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