promotion violation

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promotion violation

I work for a large box company as a part-time forklift driver. A full-time position

that I put in for was just filled. I asked the manager that made the decision what more I could have done. After a bit of talking much but saying little I was able to get him to admit that he promoted this person based on time not on ability. In the company employee agreement handbook on page 23 it says,

Asked on January 31, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may be able to sue for breach of contract IF the "employee agreement handbook" to which you refer forms an enforceable contract. It may form a contract if the terms are clear and unambiguous, AND there is no language to the effect or or similar to--
"all employment is employment at will"
"nothing in this handbook constitutes a guaranty of employment"
"this handbook does not form a contract of employment"
"policies are subject to change at will"
Etc.
Any language or terms like the above show that the company did not intend or agree that the handbook have contractual effect, and will stop a contract from being formed.


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