Cocoa, FL asked in Employment Discrimination and Employment Law for Florida

Q: Is it legal for an employer to deny a promotion to a different dept simply because their current dept is short staffed?

Although a different department wanted to higher my colleague, which would have been a promotion for her, the supervisors in my colleague's current department told them not to hire her because they were currently short staffed in their department and didn't want her to leave. The staffing shortage is their problem, not hers. She shouldn't be denied a promotion because of it.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Employment Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Sure, it's legal, PROVIDED that the reason given for denial of promotion is not a pretext (that is, a fake reason) to mask an unrevealed reason that is prohibited by law, such as the laws prohibiting certain types of discrimination and retaliation.

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