When people worry that raises aren’t keeping pace with the cost of living, promotions are one reliable way for employees to increase their earnings. Don’t be surprised in the coming months if more current employees apply for open positions within your organization.
And more applicants mean more chances for HR to foul up the record-keeping. That’s why it’s important to carefully track each and every step of the promotion process, including the relative qualifications of those vying for open spots on the corporate ladder.
Here’s why you should keep meticulous records: Employees who claim they were unfairly passed over have to show that they were “clearly better qualified” than the chosen candidate. That’s a tough standard that becomes even tougher when you can show the chosen employee’s superior qualifications.
Recent case: Connie Adams, who is black and over age 40, worked for Chrysler until she was discharged for tardiness and other problems. Meanwhile, she had filed an EEOC complaint alleging she had been denied a promotion because of her race and age.
Chrysler easily showed that the candidate it chose was very well qualified, while Adams couldn’t show that she was clearly better qualified. Her discrimination claim was tossed out. (Adams v. DaimlerChrysler, No. 06-41739, 5th Cir., 2007)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Counter retaliation claims by tracking PHRC and EEOC filings, internal complaints
- Do new marijuana laws affect your drug policies?
- Clear, open promotion policies key to litigation-Free decisions
- Recession 'how-to': Cutting exempt employee pay, hours