Set rules for promotion, insist on compliance
Here’s a good reason to post all promotion opportunities and let employees know where they can learn about openings. Employees can’t sue over missed promotions if they never bother to apply—as long as it’s clear how the promotion process works.
Recent case: When Frederick applied to work for Macy’s, he wanted to be a manager but was chosen to fill a sales position instead. He didn’t last long. After being fired, he sued, alleging illegal failure to promote him to a management position.
But Macy’s noted that he never applied for any particular management job. Frederick was unable to explain to the court what the requirements were for any specific management job at Macy’s. Neither did he state that he met any such qualifications. That was enough for the court to dismiss his claim. (Blue v. Macy’s Herald Square, No. 12-CIV-5673, ED NY, 2013)