As a California employer, am I free to promote any manager I employ (all of whom are exempt employees)? If I bypass a manager who has the best overall performance in the last four years and who has worked closest with me and choose, instead, to promote a manager who is also very experienced but with whom I have not personally worked in the past, does the employee I bypass in this decision have recourse against me or the corporation? The employee I am considering bypassing for promotion has no performance deficiences, is hard working and very dedicated . I have received input from other managers that he is not universally well liked, that some of his colleagues are concerned that his promotion to a position which would put him in a supervisory position over the others would be resisted by some as he is thought to be rather exacting, has high standards and may threaten some of his colleagues -- perhaps in part because of his past successes, which are well known. I'd like to make my own decision about who to promote but want to ensure I don't put the company at risk of litigation by doing so as I know this employee will be very upset at being bypassed for promotion and probably expects that he will be chosen for the available slot. Any input is very welcome. Thank you much.

I tried to delete this thread as I posted it under the wrong subject and, as a new user, I can't seem to delete it. I have reposted it under "Labor Law" to attempt to get input. Sorry for the inconvenience.