Elk Grove, CA asked in Employment Discrimination and Employment Law for California

Q: Does my employer have the right to deny the job promotion and delay my transfer?

I was selected for a position in June for a Level IV position. After months of waiting, I inquired about the promotion and effective date of transfer, I was told that it will be a lateral transfer--not a promotion and no raise. The job posting was for a level IV position which I qualified for. It was not disclosed in the job posting nor during my in person interview that it will be a lateral transfer and I will earn the promotion title after passing the 6 months probation and maybe a raise. Per company policy, promotion only occurs in April during evaluation/assessment period. I have been with the company for over nine years and was working the level IV position for three years but I was transferred to another team without noticed. My title was also changed to a lower title without noticed. Is this a promotion/employment discrimination?

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Yes the company can delay your promotion for as long as it desires. In fact it has no legal duty to follow through at all with giving you the promotion.

You talk about discrimination. Unlawful discrimination only occurs if you can prove the bad things happening to you are because of your membership in a protected group of people.

Good luck to you.

Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Assuming you are an at-will employee, your employer can prospectively change the terms and conditions of your employment for any reason or no reason, but not a prohibited reason such as hostility towards a protected class such as race, religion, gender, sexual orientation, gender expression, pregnancy, military service, disability or opposing illegal conduct. Your post does not suggest any fact indicating an improper motive, which would make the employer's actions illegal.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.