Legal Question in Employment Law in Tennessee
Denied implied job promotion
Not denied, per se, nor actually implied as said position did not exist; rather passed over for promotion to the newly-created position, the extra duties of which I was already performing (uncompensated) in addition to my regular work.
History: Months ago boss informed me that she considered me her ''unofficial'' backup/assistant, and began cc'ing me on supervisory issues, assigning me managerial duties, etc. I am good at what I do with excellent performance evals.
Then last week, out of the blue, the boss announces the promotion of a coworker to the newly created ''Assistant position.'' I was stunned, as were other coworkers since I had for some time been performing in that capacity/perceived in that role. Although I am more qualified than my coworker, I do not personally begrudge her her promotion. However, I'm extremely angry with my boss who apparently forgot our ''verbal understanding'' of my role as her ''unofficial'' assistant. (Of note, this new position was never posted so that others could apply/interview for it.)
Is this legal? To expect an employee to perform in an unofficial but understood capacity (sans compensation) and then when it becomes an official position, offer it to someone else? Any legal recourse?
1 Answer from Attorneys
Re: Denied implied job promotion
If you were denied a promotion because of an illegal basis, then you may have some legal recourse. If the employer simply made a bad decision or your claim is only that the employer did not act in accord with an 'implied' agreement, then there likely is not any sort of legal claim.
For more information about what is illegal in Tennessee, you can visit my website at www.memphisemploymentlawyer.net.
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