Legal Question in Employment Law in California

Hi. I am currently working in a pharma company for past 10 years working in night shift for past two years because of my promotion. My performance at job is A level and i also won best employee award based on my performance. Currently i want to go in day shift and there was opening in my company for which i applied. It matched all the required skills which i possess but still my HR never called me for an interview mostly because no one wants to come in night shift and my performance is very good but this doesn't mean that they don't even call me for an interview and hired someone outsider. Now i am in real dilemma because since i am working in the company for past 10 years and never went down on my performance but still my HR never called me for an interview and when i raised this question with my manager he told that responsible people like me required in night shift. I have kids and i am speechless because they didn't even call me for the interview for the same position which i am doing in night. How can i deal with it Please help.


Asked on 5/09/14, 11:15 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I assume you are an at-will employee under California law.

Under this assumption, you unfortunately have no remedy here. Your HR department had no obligation to call you in for an interview, much less offer you the day-shift position. This is true even if you were a perfect fit for the other position.

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Answered on 5/10/14, 1:32 am


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