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  • Promotions without taking applications

    A recent resignation opened up our narrow options for promotion yesterday. Today, our manager promoted a female with 6 weeks on the job into that position. There are people that have been here for years! The clincher is this position was never even posted as open, he took absolutely no one else under consideration!

    Is this legal?

    My family is undergoing some financial hardships, and this is one of only two avenues of gaining a bigger paycheck. I've 16 years of experience in my field and I wont even be considered over someone with 6 weeks!

    Fuming in Colorado

  • #2
    Yes it is legal. Tenure doesn't necessarily translate into being a good fit for the job. Unless you are being excluded due to a legally protected characteristic, or there is a union agreement in place that governs how promotions are to be announced and awarded, it may be unfair but it is not in any way illegal.

    You aren't owed a promotion due to your personal financial situation and in fact, someone who is intersted in a job primarily for the money is rarely the best choice. If you desire a higher salary, I'd suggest looking elsewhere for employment.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Nor does the law require that open positions be posted, or prohibit the employer from handpicking an individual for a position (as long as he does not do so on the basis of race, religion, national origin etc.).
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Or, if you're interested in staying there, ask for a meeting with your boss to discuss how you might be considered for the next promotion opportunity. And, if you like, look for other employment in the interim.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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