Employees who don’t apply for promotions can’t sue — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employees who don’t apply for promotions can’t sue

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Here’s a good reason to have a clear process for posting promotions and explaining that process to all employees: If an employee doesn’t use the process to apply, she can’t sue for failure to promote. If you didn’t have a clear process, the employee could claim she expressed her interest but was dissuaded from applying.

Recent case:
Elaine Talbot, who is black, accepted an early-retirement offer. Before her scheduled departure, her employer posted an upgrade to her position and invited applicants.

Talbot didn’t apply, and another candidate was picked. Then Talbot said she wanted the promotion. Her employer said it was too late. Talbot retired, and then she sued.

The court tossed out her claim, reasoning that when an employer has a promotion process, employees must use it. (Talbot v. Cuyahoga County Board of Mental Retardation, No. 1:07-CV-2862, ND OH, 2009)

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