I SHOULD HAVE BEEN PROMOTED...
Federal and state laws protect employees from employers who take "adverse employment actions" against them for a variety of specific reasons. Failure to promote an otherwise qualified candidate is one type of adverse employment action.
Failure to promote an employee based a "protected characteristic" of that employee is prohibited discrimination under the law. Some examples of protected characteristics are: race, national origin, age, gender, sexual orientation and disability. It is important to note that different states recognize different sets of protected characteristics.
Failing to promote an employee in retaliation for filing a complaint of discrimination or supporting another employee's complaint of discrimination is prohibited. Likewise, failing to promote an employee in retaliation for refusing to participate in or exposing wrongful conduct of her employer is prohibited. In these situations, a victim of retaliation may be able to sue for damages, including lost wages, emotional distress damages and punitive damages.
Another illegal reason for failing to promote an employee is the employee's exercise of his medical leave rights (FMLA or NJFLA).
If you feel that you have been denied a promotion for which you were qualified based upon whistleblowing activity, discriminatory motive or any other illegal reason, you should consult with an attorney who concentrates in employment law.
This website is intended for information purposes only. Nothing herein should be considered legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship.Whether you're janitor, a teacher, a C-level executive, whether you trace your roots back to George Washington or you're a recent immigrant, whether you're devoutly religious, gay, lesbian or transgendered, young in age, or just young at heart - you deserve to be free of employment discrimination, sexual harassment, wrongful discharge, illegal firing and all other unfair labor practices. Workers have rights on the job! I am an employment law attorney who helps whistleblowers, employees who have been discriminated against, those who have experienced unjust retaliation and many other employees get the justice they deserve. Unfortunately, some employers still discriminate against, harass, unlawfully terminate and subject employees to a hostile work environment based on disability, pregnancy, age, race, national original, religion, sexual orientation, exercising FMLA rights, failure to pay overtime and standing up for what is right. Fortunately, federal and state laws protect people against violations of these civil rights. Contact an employment lawyer to learn more.
Through use of the latest in legal technology, I represent victims of unfair employment practices in all counties in New Jersey, including Essex County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Union County, and Warren County, and the towns and cities of Bridgewater, Camden, Elizabeth, Flemington, Irvington, Jersey City, Lawrenceville, Milford, Newark, New Brunswick, Paterson, Princeton, Somerville, Stockton, Trenton and many others.
