Are there any legal grounds for an employee being looked over for a position that the employee is duly qualified for?

The company I work for has a position open that I have done in the past when others have quit, but the last two times the position has come available I have applied. The first time I interviewed they selected someone else. This time I was not even given the opportunity for an interview. Four others add their names to the list, each of them were scheduled an interview, each of them are less qualified than I. Is there anything that I can do?

Asked on August 25, 2016 under Employment Labor Law, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Is your treatment the result of any form of legally actionable discrimination? In other words, do you think that your not being considered for this position is due to your race, religion, age (over 40), disability, nationality, gender, etc.? Or does your company's action violate the terms of any exisiting union/collective bargaining agreement or employment contract? If not, then while seemingy unfair, your not being considered for this position is perfectly permissable under the law. The fact is that most work relationships are "at will". This means that a business can set the conditions of employment much as it sees fit. This includes who to promote or not promote. For your part,you can either accept your employer's decision, continue to complain and risk termination, or quit.


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