Can my boss deny me the right to make a lateral move within the company (a university)?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my boss deny me the right to make a lateral move within the company (a university)?

I am a director. I formally applied through HR process for a lateral move for which I met all requirements. My boss removed my app before it went to the selection committee from hr and without telling me. Now candidates are interviewing with less experience and level of education than I because he wanted me in my current position and “couldn’t afford to lose me”. HR says he’s within his right to have removed my application.

Asked on January 20, 2016 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, he could do this--the law has nothing to say about a business's processes for lateral moves or internal transfer/hiring, and generally speaking, your boss has (subject only to what his bosses do or say) complete say over your employment, including your title, duties, pay, whether you may transfer or apply for a transfer, promotions, etc. 
This could violate company internal policy (though according to HR, it does not seem to), but the law does not enforce internal policy in this way.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption