Legal Question in Employment Law in California

I was not fully interviewed for a lead position at my job that I qualified for. Another person got the job and i felt like I didnt get a fair chance. When I went to ask HR about my application, they told me that my manager ( who was doing interviews) should have interviewed me. But she never did. I later found out from my HR rep. That the manager threw away my application. What can I do about this?

Asked on 6/14/13, 11:05 am

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services
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Unless your manager discriminated against you on the basis of a protected classification, such as race or gender, or in retaliation for protected conduct, such as union organizing, or whistle-blowing, you have no legal right to a fair evaluation for a promotion. There are no laws against unfair or just plain lousy management.

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6/14/13, 11:19 am
John Laurie Gertz and Laurie
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In order to prevail you would need to show discrimination as discussed above. On another note this may tell you what your manager thinks of you so you may want to look for a different job as it appears to me your options for advancement are not great here.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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6/15/13, 10:39 am

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