I was offered a promotion at work that i didn't even apply for i was even told when training would start and how much i would be making and i accepted the position. Then word traveled thru my office and now others want to apply for the same job i was called into speak with my boss today and told they were going to have to consider other canidates and i would now need to apply for the position. Is this legal? I'm not out to sue everyone but we had a verbal agreement and it wouldnt bother me so much if it werent for the fact that THEY came to ME and offered me a position i never asked for?
2006-09-07 15:34:43 · 13 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
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2006-09-08 06:14:29 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Well tough luck. Obviously they did not know that other people would be interested in the position and so when their discord was heard they thought it would be fair to let other candidates apply. You are a bit of an idiot for having a verbal argument with someone. Like you said, they did come to you so obviously you were their first preference and they possibly still would have chosen you anyway but they had to go through the right channels so it did not look biased or corrupt. Your argument will have lost you a lot of credit and it was foolish. So maybe you will get the job but maybe you won't. It will all be due to the skill level of the candidate and what they did was not illegal. You didn't sign a contract or anything, it was only a verbal agreement and thank god they aren't a binding, legal form of contract.
2006-09-07 16:45:43 · answer #2 · answered by alias_47 3 · 0⤊ 0⤋
Is it legal. And even if you want to sue, you didn't have any evidence in writing. Maybe when they offered to you, you put up a front and acted so hesitant to take the new assignment, so you couldn't blame them it's part of office politics, someone has to bend some rules for the others may squeeze in for an opportunity like this, maybe the job is really interesting to do. What you can do now is take the challenge, apply like the others do and be interested enough to take the training, focus on learning. Who knows, that at the end of the day, it must be you who is really wanted for the promotion. Good luck.
2006-09-07 15:52:16 · answer #3 · answered by Sheepish TinTin 3 · 0⤊ 0⤋
I don't think you technically have any legal rights unless you signed something. However, this is very poor business practice. They shouldn't have offered anyone a position without first considering other employees and going through a hiring process for the job. Unfortunately, the verbal agreement probably wouldn't hold up well in court. Is there a higher up supervisor you can speak to? I'd try that route. Good luck.
2006-09-07 15:45:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would actually call an employment attorney and see what your rights are in this case. Your employers made a mistake when they didn't post the job. That's a problem. At least in California it is. Jobs are supposed to be made available to all interested candidates. The same thing happened to me - exactly the same a number of years back. And I in fact, was NOT the selectee in the end! I should have contacted a lawyer but didn't realize it at the time. I'm not saying they will be ordered to give you the job, but you need to find out if what they are doing to YOU is legal. At the very LEAST it was tacky.
2006-09-07 15:44:00 · answer #5 · answered by ami 3 · 0⤊ 0⤋
If you don't have a union at your workplace and you are absolutely certain that you were offered the job, then you have a legitimate complaint. However, if you don't have anything in writing or even a voice mail, you have nothing to back you up if you choose to complain.
Wait until you have appied for the job and give it your best in the interview. If you don't get it after all, then you should go forward with your complaint. You may not get anywhere, but you will show them that you do not back down easily.
2006-09-07 15:45:16 · answer #6 · answered by tiffany 6 · 0⤊ 0⤋
Employers are required to allow anyone to apply for a job opening.
That doesn't mean they don't already have someone in mind for a position. Chances are likely that they are just going through the motions. Apply for the job, I wouldn't make any waves about it. If they offered it to you once, you are who they want. Good luck!
2006-09-07 15:43:22 · answer #7 · answered by armywifetp 3 · 0⤊ 0⤋
your employer is just covering his/her *** since they didn't post the position for others to apply. this happens too often. if you really want the position, apply and go through an interview process if need be. if someone else gets the job, then you can contact a union if the company has one or legal representation. hope it works out and is worth it in the end.
2006-09-07 15:41:37 · answer #8 · answered by bernie 2 · 0⤊ 0⤋
I believe that's completely legal. I always say you don't really have a job until you're doing it. That's how companies are-they may offer one person a position but it always finds a way to leak to co-workers and by law they're required to screen other people interested in it. However, since they offered it to you and you did not ask them for it, I'd say there's a great chance you got it.
2006-09-07 15:42:42 · answer #9 · answered by beachdarryl0202 2 · 0⤊ 0⤋
It sounds legal to me (but I'm not a lawyer) welcome to the real world. However, since they'd already offered you the job instead of anyone else in your office they want you for the job. So, they're just making everyone happy by making it seem they have a chance. I bet you'll get the promotion so don't make an issue of it.
2006-09-07 15:38:22 · answer #10 · answered by The Man 5 · 0⤊ 0⤋