Your best defense to a failure-to-promote claim is proof that you posted the job but the employee never applied. But how do you prove that?
With a policy that requires posting all internal openings and also requires employees to express their interest by actually applying, not just telling a supervisor that they’re looking for a promotion.
Advice: Create two written policies. One should explain that openings will be posted and tell employees where to look. The second policy should state that only employees who actually apply for a posted position will be considered.
Recent case: Richard had a spotty history with his employer, an auto parts retailer. He started as a cashier and worked his way up to manager, only to be demoted to assistant manager after his boss accused him of sexually harassing her. On Valentine’s Day, he allegedly sent her a stuffed animal, a box of chocolates and a suggestive greeting card depicting a bed s...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Must we allow an employee's 'representative' to sit in on investigative meetings?
- Critical evaluation isn't an adverse employment action
- If employee refuses to cooperate with investigation, feel free to fire
- Retiring instead of facing discipline doesn't constitute constructive discharge