Legal Question in Employment Law in California
Can I ask for damages from a former employer for denying me a promotion if I now
After first being wrongfully terminated following 5
years of employment, I was rehired by my employer and
assumed the job functions of another employee who went
out on stress leave. I did not receive her title, but
accepted the job because I was having difficulty
finding work elsewhere. Some time later, my supervisor
was told that they were looking to hire a person for
the position that I had been performing for well over
a year, and he was told that I was not a suitable
candidate for the title. They subsequently hired
someone with less experience, and i believe this has
affected my ability to find work, as the job title I
was left with was very specialized and essentially
nontransferable to another company (Senior Editor of a
magazine). I wonder if I have any legal recourse, as
they ended up selling the company for a large sum of
money, and I have been unemployed for over a year
since. I also have various other issues relating to
stress on the job, etc., but I am unsure as to how I
would go about finding more legal
1 Answer from Attorneys
Re: Can I ask for damages from a former employer for denying me a promotion if I
You probably have waited too long to do anything. The Statute of Limitations for most claims, such as discrimination or intentional wrongdoings, is one year. It sounds like that time has passed. Some claims like breach of contract may be 2 years (if verbal) or 4 years (if written) but you haven't indicated that there may be any contractual obligations.