Is it legal to be excluded from being considered for a salaried position, that would be a promotion if selected, due to it being in the current facility I am working in?

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Is it legal to be excluded from being considered for a salaried position, that would be a promotion if selected, due to it being in the current facility I am working in?

I have checked the policy and there is nothing in there about that. When the human resources manager was asked about it, she said it was a best practice for our region. Can they do that?

Asked on January 22, 2016 under Employment Labor Law, South Carolina

Answers:

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

Answered 5 years ago | Contributor

Does this action violate company policy (no, since the policy is apparently silent on the issue)? Dies it your treatment constitute leagally actionable discrimination (it does not appear to)? Or is this action prohibited by the terms of a union agreement or emplyment contract (you did not mention any)? If not, then your employer's action is perfectly permissable under the law. The fact is that as an "at will" employer, your company can set the terms and conditions of the workplace much as it sees fit or deems necessary. This includes who can be considered for what position and why.


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