Post promotion opportunities to avoid needless litigation — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Post promotion opportunities to avoid needless litigation

Get PDF file

by on
in Discrimination and Harassment,HR Management,Human Resources

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.

Leave a Comment

Previous post:

Next post: