Legal Question in Employment Law in California
I have worked for my company for over 5 years and I work as a HR assistant and Payroll assistant. I have all the same access that the payroll supervisor has and complete a lot of the same duties. My HR manager feels I am qualified to take the job as payroll supervisor. Our current payroll person is retiring. Our financial controller has hired a H 1B worker even though HR told him he felt I was qualified and could do the job. Do I have any rights? I was born in America, have my Bachelor of Science degree in Business with a core concentration in Finance and made the Dean's and President's list every semester. I know our ADP system and our Great Plains software system and the person they hired has never used Great Plains and I am not sure if they have used ADP. These are both listed in the general job requirements. Do I have any rights to fight this at all?
1 Answer from Attorneys
Possibly. If you are a member of a union, you may want to talk to your union rep. You may have claims if you were entitled to a promotion and were passed over for some improper reason - such as discrimination. If no union, talk to an employment attorney.