What are valid reason for being passed over for promotion?

UPDATED: Sep 30, 2022

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What are valid reason for being passed over for promotion?

I recently applied for a promotion at my workplace. When interviewing, management brought in outside people for the panel. One individual was an employer that I had interviewed with previously. When I interviewed with this person they offered me the job, I accepted, but then had to turn it down for personal reasons involving problems with childcare and their 10 hour days. I ended up not getting the promotion and it was offered to another person. When giving the reason my manager stated they were planning on giving it to me even before the interviews, however this other individual informed them that I had applied with their company and that was the reason they did not promote me. Is there some kind of confidentiality that this other employer should have abided by? Is there any legal action that I can take for him causing me to lose a promotion?

Asked on January 10, 2017 under Employment Labor Law, Arizona


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

Answered 5 years ago | Contributor

There is no confidentiality in this situation. The person in question was part of the hiring process and was withing their rights to speak up and offer whatever information they had that they thought relevant to your promotion. If what they said about you was untrue, then you would have a claim.

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.

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