Legal Question in Employment Law in Massachusetts

Passed over for promotion w/o proper interviewing

I'm a new employee at the company that I work for, but, I have 5 1/2 yr's experience, and I found out that no one ever called to check my references. I took a position far below what I'd already moved on to & they were aware of this. Any job openings in the company get posted on a note that come w/ our paychecks. Two weeks ago there was a posting closer to what I'd left behind & that I am more than capeable of doing. I'm told that that anything posted is open to anyone. I was also told that the posted job in question had been ''promised'' to someone else. I notified the specified manager of my interest - was told there were a total of 4 managers that I'd have to interview w/. Someone else in the office told the second manager that I was interested in the position & that is the only reason she spoke to me about it. I still had 2 other people to speak w/ - before I'd gotten to that point I was told that the position was given to the other person. The same one I'd heard it had been ''promised'' to. Is this legal?


Asked on 4/19/02, 9:33 pm

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Passed over for promotion w/o proper interviewing

Unless you received and signed for an employee handbook that stated that jobs are posted and filled by the most qualified person, it is legal

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Answered on 4/29/02, 7:50 pm
Chris Edelson Chao & Edelson, L.L.C.

Re: Passed over for promotion w/o proper interviewing

Sorry to hear about your situation. Generally, employers are free to make whatever decisions they want with regard to hiring, firing, promotion, demotion etc. for any reason--as long as the reason is not discriminatory (i.e. not based on race, age, gender, national origin, other protected characteristics). If the person who was "promised" the job you were interested in got the job for some discriminatory reason -- i.e. the person is 30, you are 50, and the person got the job because the company believes younger people are better workers--then you would have a basis for challenging the decision. If, however, no discrimination was involved, then there is probably no basis on which you can challenge the decision.

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Answered on 4/22/02, 10:08 am


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