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?
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.
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.
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