Legal Question in Employment Law in New Jersey
Hello ,
I've been working in our company for 6 years now as a receptionist. On June last year i send a letter requesting a Sales position when available. Well, finally there's a sales position available right now, and I requested it again, attaching the old email I did requesting it back in June to the right people, No response yet, but finally my boss which is not the person in charge of hiring but for some reason he is doing it told me that he is going to interview me like everybody else, Well really he is because I have been in top of it, If not he would have let it go, and not even giving me a chance to at least be in an interview with him. Heres the thing, none of my coworkers were experienced when they started here, Im the only one left since the Company open (almost 6 years ago,since the rest were given lay off or resign) , and he already have people to interview before me with experience, but here is not requiered since the company doesn't ask for you to have experience and they believe in letting us grow before calling someone else, we always get that chance first, the people that already work for the company. So let me ask you, I see that he have no intentions to hire me, Its like he really doesn't like me because of the way he sometimes treat me , but I let it go because I need to pay my bills.. So , If I dont get hired, Can I start a Law Sue, since Ive been waiting for this oportunity and Ive been asing for it, Verbal and in writing( by the way I have all my documentation ready)???? Please advise. Thanks
1 Answer from Attorneys
Thank you for your LawGuru question. The general rule of employment is: at-will. Which means, among other things, an employer can decline to promote an employee for good reason, bad reason, no reason at all. There are exceptions. Not liking an employee may be a bad reason, but may or may not be illegal. If he doesn't like you and doesn't promote you because you're a Jets fan and he's a Giants fan, it's not illegal. If he "doesn't like you" and doesn't promote you because of your gender, race, religion, national origin, etc., it's illegal. To advise you as to whether you have any claim, I will need more information. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
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