Here’s a good way to cut your litigation risk: Make sure you post all promotion opportunities along with the minimum job requirements. That way, employees can’t sue over lost opportunities for which they failed to apply.
Recent case: David Paul, who is black, sued his former employer over a promotion he believed he was qualified for. His lawsuit, which he filed after being terminated, argued that he was qualified for an auditor position that another employee got.
The case was quickly dismissed, since it appeared Paul never applied, and could offer no evidence that the opportunity hadn’t been posted. If employees don’t apply, they can’t sue over lost promotions unless the job wasn’t posted. (Paul v. Americold Logistics, No. 10-14844, 11th Cir., 2012)
Final note: Create a posting policy and stick with it. Don’t allow secret promotions or allow supervisors to pre-select favored workers.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/30106/post-promotion-opportunities-to-avoid-needless-litigation "
- Fire away … but be prepared to defend terminations
- Violent reaction from boss may trigger retaliation lawsuit
- Oral settlement agreement may be binding even if the specifics are unclear
- The HR I.Q. Test: February '13
- Fairness, careful documentation are key to discipline process that will stand up in court