Can my employer use that i have a ‘bad reputation’ at my store for a reason not to promote me?

UPDATED: Sep 30, 2022

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Can my employer use that i have a ‘bad reputation’ at my store for a reason not to promote me?

I have been employed at my store for go I g on 7yrs I was on
disability for breaking my foot.when I returned I noticed almost new
employees bad been promoted to key carrier.then my store manager
tells me I have a oppurtunity to get promoted but have to be
tranfered.was not asked if i wanted it I was told I hAve to do it to
better my self.when asked why can’t i ever be promoted within my
store he told me I have a ‘bad reputation’. I said nothing but ok a
bad reputation? So now I’m confused because I do not have cutomer
complaints I’m fast I do what they ask so how did I get a bad
reputation? Exsessive call outs or being tarty give me A bad rap? I
truly feel they want to terminate me and these are the steps
New Link Destination
doing it .transfering me to a store that is extremely far from my
home so I can be late causing termination

Asked on April 3, 2016 under Employment Labor Law, California


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

Answered 6 years ago | Contributor

So long as your treatment is really based on your "bad reputation" and not due to some form of legally actionable discrimination, it is legal. Additionally, this action must not violate the terms of any applicable union agreement or employment contract. The fact is that most employees are "at will". This means that their company can set the conditons of the workplace much as they see fit or deem appropriate. This includes who to promote, when and why. For their part, an employee can either accept the situation, complain and risk termination, or quit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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