Legal Question in Employment Law in Florida

Implied Promotion - did employer make a contract?

Hello

I work for a large multinational organization. I was considering various promotional opportunities and was discussion a job with one group. While it was a lateral move, and 2 other jobs would have been promotions, the prospective manager wooed me by telling me that the job would evolve into a VP position (a promotion) most likely before the end of the year, when the team was fully built out. Four weeks after I started, the said manager called me and said that the following day I would have a new boss, the new VP. This was the job I was reassured multiple times I would have consideration for. My academic and professional credentials are far superior than the male that got the job. The job was never posted. My manager was apologetic and told me he understood my frustration.

I feel that the management team falsely implied that I would be considered for the promotional opportunity and I gave up more lucrative offers when I believed them.

Do I have any recourse here?

I plan on resigning, but would like to demand my bonus payment at least.


Asked on 12/09/07, 10:20 am

1 Answer from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Implied Promotion - did employer make a contract?

Unfortunately, no, the employer did not make a contract. You have no recourse under Florida law because oral employment contracts are not recognized under Florida common law. If you feel that you were discriminated on the basis of gender, you could file an EEOC complaint. Also, be aware that bonus payments are contingent and you cannot force or sue an employer to pay you a bonus under Florida law. Sorry!

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Answered on 12/09/07, 11:20 am


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