best way to handle this....?

Question

If you get overlooked for a promotion in which the person who is promoted over you was no where near your education level, experience, and longevity with the company, what is the best way to deal with this?

Should I just realize life is not fair, or should I get a lawyer and sue if it is clear I was treated unfairly? I am not sure how to go about doing all this, I just know that I am more qualified than the person that will be getting it, and in fact even after expressing my interest, they have not been keeping me updated as to when they will be filling the spot.

Answer 1

There is nothing you can do. It happens all the time, everyday
to tons of people. You can start looking for a new job.

Answer 2

There is no law that says that your company has to hire the person with the highest education level or most experience. Other more subjective measures may be used. The successful applicant may be more enthusiastic, may volunteer for more projects, or may have responded to interview questions more effectively. There is no limit to the subjective factors which can be considered.

You know more about your situation than anyone who can advise you. Why do you believe you were overlooked? If you believe that it is ultimately a personality conflict, you will likely have no legal recourse. Keep doing a good job, but start looking for a job that is a better fit for you.

If you believe that the decision not to promote you was influenced by your age, your sex, your race (or color), your national origin, your religion or your disability, consider filing a charge with the Equal Employment Opportunity Commission. You do not have to be able to prove discrimination in order to file a charge; just be able to articulate why you believe you were subjected to unlawful discrimination. One way to do this is to look at the overall structure of the employing company. Many companies have a lot of diversity in the entry level jobs and a lot less diversity in higher level positions. Is your company like this? If you are over 40, have all the recent promotions been a lot younger than you? Was the seemingly less qualified person who got the job the same race, sex, etc., as the deciding official and a different race, sex, etc. from you?

Cat's warning about making your employer angry is on target. If you are already being overlooked, filing a discrimination claim will likely make things worse--at least in the short run. However, if your employer fires you for filing a charge of discrmination in good faith, it has broken the law, regardless of whether its promotion decision was discriminatory or not.

If you are interested in filing a discrimination charge, or just learning more about that possibility, contact the EEOC. Their contact information is located on their website at the link below. Not all offices are operated in the same way. Some will send you a questionnaire to fill out first, while others will ask you to visit their office.

The Commission offers a mediation program that allows some employers and employees to sit down and work out their differences without an investigation. In the course of filing a charge you will be asked whether you are interested in mediation. Consider giving it a try.

It's also a good idea, if you are having difficulty with your employer to set up a consultation with an employment attorney. He or she can make sure that you are pursuing all appropriate avenues.

Answer 3

You might go to the hiring manager and ask why you were overlooked for the position -- because you want to know what you can improve upon to get the promotion next time, of course. (Here's a hint: don't be so eager to sue your employer.)

However, be prepared to hear that it had something to do with a characteristic of yours that negatively outweighs the positives of your education, experience, and seniority. For example, someone with a terrible attitude or shoddy attendance record, or who all the other employees hate, could not be given a promotion without seriously damaging the morale of the rest of the employees.

Be prepared to hear this kind of truth, if they'll give it to you. (This is important for your professional development and if someone has the guts to speak it, you should thank them for their candor.)

When it comes to business decisions, even the personal stuff isn't personal -- an employer has to base their "people" decisions on what's best for the company as a whole.

Answer 4

Tread carefully. You have to be sure that their qualifications are inferior to yours. Education level has nothing to do with it unless it relates DIRECTLY to the job. As for experience, I often ask gobshites that tell me how many years experience they have whether they really have 10 years (or how ever many they claim) or one year's experience repeated ten times? Time on the job is rarely relevant and is the first and last resort of thsoe with nothing else to back it up.

Do you have more managerial potential than this other guy? If so how & can you prove it?
Do you have a better attitude than this other guy? If so how & can you prove it?
Can you add more value in that position than the other guy? If so how & can you prove it?

What makes you think that you were treated unfairly? I don't doubt that you have not been treated with the respect that you feel that you deserve but unfairness is a legal minefield unless you can be definite.

Management may be looking for someone different to what you think that they are looking for and my advice would be to ask questions first in a very interested but not accusing manner and you may find out what you need to know without appearing like a whinger.

Answer 5

Before you take any sort of action,..make sure you have all the facts,...like How do you know, you are definately more qualified? Do you have the proof to support this,..

This is hard to say, but maybe a reality check,..how is your attitude at work?.. because if the first thing you think about is wanting to sue after being looked over for a promotion, , your priorities are definately not where they should be. This itself displays a very negative reaction, and maybe that comes through to the people considering you for positions.

I would at this stage take it for what it is. a missed opportunity. maybe, you could, instead of complaining, ask the people that consider you for promotion, what you can do to improve yourself, to make you more competitive, next time a promotion opportunity comes around?, That shows positivity, initiative, and a willingness to learn,..all good qualities to display for future positions.

Sorry for the harshness, but some times criticism, is the best remedy, as we do not readily see in ourselves, what others do,...

Answer 6

As an employment lawyer I can tell you that nothing in employment is fair. Don't expect fairness, you will not get it.

The incident where someone was promoted over you may, however, be illegal. The EEOC considers such a promotion illegal if it is based on the bosses discrimination. Discrimination is based on race, color, sex, ethnic/national origin, disability, religion, martial status, military status, or sexual orientation.

SO, if this person was promoted over you because he/she was of a race that the bosses preferred or of a sex that the bosses promoted then you may want to consider filing an EEOC complaint. It is best to have an attorney represent you in this. Go to www.eeoc.gov to see if your incident is discrimination

A word of caution, if you file an EEOC complaint or a complaint with your state's Human Rights Department against your employer, that employer will get angry and may find a way to terminate you. No, that also is not right and an employee who is fired in those circumstances can file another complaint with the EEOC of Retaliation. Good luck

Answer 7

Look, no one owes you a promotion and I think you have to suck it up and ask for some honest feedback and then hear it with an open mind. If you get defensive, they won't get into the details of how you can strengthen your candidacy for next time. There are a lot of things that go into hiring decisions. Some are rational, some are not, but you have to get over it if you hope to move ahead.

Answer 8

In 100% agreement with Catlaw. An additional note to add is if you meet any of the criteria that she wrote also make sure that you have no negative marks in your employee folder sorta speak. Reprimands, warnings, etc... How were your performance reviews? This too would also play a role.

Answer 9

Probably the best thing would be to go to your boss's office , scream , yell, and flail your arms..

Then go look for a better job....

Answer 10

it doesn't matter what you think it what management thinks, it might be unfair but not illegal