If I have a recommendation for a promotion but never got it, do I have a case?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have a recommendation for a promotion but never got it, do I have a case?

I have an e-mail from HR stating that I was recommended to a promotion over 3 years ago. As of now, I still don’t have it and I have sent out e-mail, after e-mail asking about my raise. All I get is the run around from HR to the EEO here at the Veterans Hospital. Is there something that I can do?

Asked on May 12, 2017 under Employment Labor Law, California

Answers:

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

Answered 6 years ago | Contributor

Unless you have an employment contract (or union agreement) that provides you receive this promotion, a mere promise of such a promotion is not legally enforceable. The fact is that most employment is "at will" so a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). This includes who gets promoted and when.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, there is nothing you can do. A recommendation for--or even a promise of--a promotion is *not* binding and enforceable. An employer has free rein to decide whether and when to promote someone, and can ignore any recommendations or promises and refuse to promote. There is no enforceable legal rights to promotions.


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 lock Secured with SHA-256 Encryption