Does my place of work needs to have a process for promotion or advancement for current employees?

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Does my place of work needs to have a process for promotion or advancement for current employees?

Been working for the same internet business for almost 4 years. Never had a bad review and have done everything asked and more. However 3 times I have been rejected for advancement with the company. My current boss was promoted to Director of Customer Support and needs to find a new CS Manager. I applied and interviewed for the position. Later they told me sorry, you do not have the experience needed. Our group currently only has a Director, who doubles as the Manager. We have no team leads or assistant managers and they refuse to have them. This leaves me with no way to advance. Is this legal?

Asked on September 22, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is perfectly legal, though it may well be bad management. Businesses are free to have any structure they want--they be very flat and  have almost no management, or they can be all different layers of managers and no workers, or anything in between. Businesses are similarly free to decide what positions and titles they have, what compensation they pay, and who will be employed in each position--and therefore what the criteria or credentials for each position are. As long as they don't discriminate on the basis of a protected characteristic--e.g. they don't discriminate on the basis of race, religion, sex, age over 40, or disaability--they are free to choose who to hire, who to fire, who to promote, who to not promote, etc. If you don't like the way your business does things, you need to look for a different job--you can't make them change.


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