Completed Training but Passed Over for Job Placement

[thatdude]

My question involves labor and employment law for the state of: Mississippi

I work for a major oil/gas company. I went thru their 40 day training process, finished the classes with a 96 average. After training, I have been waiting for 2 weeks for job placement. One of the ladys that work in the office, her husband has just finished his training and has already been placed in a position. There are guys that has been waiting for a month and a half for a position. According to the companys code of business conduct, this is a violation. Im thinking of goind to the HR dept., but what other options do i have? Thanks for any help in advance.

[Mr. Knowitall]

You posted this as a discrimination issue. So we're talking what... Race? Gender? Religion? Ethnicity? Age? National origin?

You say that you already work for the company.... so are we talking about a promotion?

The only factors that the company ever considers in these placements (save for the lady's husband) are how recently you finished the training program and your grade?

[thatdude]

We have a 40 day training period. After the 40 days we are to be placed in a position by the order we complete the training. To quote their code of business conduct, "With respect to operations governed by United States Law, this Policy relates to all phases of employment, including without limitation, recruitment, hiring, placement, promotion, transfer, compensation, benefits, training, educational, social and recreational programs and the use of Company facilities." The word PLACEMENT is what im talking about. This employee knows the same about the job as I do, we had to come thru the same classes. We are also required to have a class A CDL with "X" endorsement before the training is over. I have mine, he does not. I spoke with the HR dept. and she told me to wait until the guy leaves out and come to her and file a complaint. She even says its a violation of the business code of conduct. She sat in one of the head guys office when I spoke to him last week about when we will be placed for a job. His words were "at the time, nothing is available." The HR lady met with me this today and told me that she spoke with her boss and said that what they are doing is wrong.

[Beth3]

She even says its a violation of the business code of conduct. Ok, but an employer's "code of conduct" is only an internal policy. It has no force in the law.

If no jobs are available to place you and others who has completed the 40 day training period, then no jobs are available. It makes no sense to me why they're spending money and wasting time with this intensive training program if they can't place the graduates but nothing in the law requires them to do so.

Nothing you've posted indicates that the company is legally obligated to place those who have completed the training course in a job and clearly, you're not the only one waiting to be placed. Nothing you've posted indicates any form of prohibited discrimination is taking place either.

All I can suggest is that you wait it out until your number is up and they have an open position for you.

[Mr. Knowitall]

Perhaps you could try to answer at least one of my questions?

If you are simply talking about an internal policy, have no claim or case of any unlawful discrimination whatsoever, and have no contract-based or union-based claim, then the employer's failure to follow its internal policy is unlikely to support legal action.

[thatdude]

Beth, I have been on standby for 3 weeks. One of the ladys in the office husband just finished his classes Monday of this week. He has already been placed for a job. I just find it funny that 17 people have been waiting at least 3 weeks and the ladys husband gets to go out in three days.

Mr. knowitall, we had to sign a contract stating that we are to follow the business code of conduct. So, I have to but the company does not?? As for your questions, 1) nothing to do with race, religion, age ect..
Point is, i have been waiting for 3 weeks, he waits 3 days. 2)as of now, im a 40 hr week employee, but when your placed where ever they send you, were talking 22-2500 per week, big diffrence from 500 a week. So i would not call it a promotion. 3)We are suppose to go out in the order we finished class. Im number 7 on a list of 17. he should be number 15 according to the date of finishing class. the only reason this guy got to go ahead of 17 other people is that his wife works in the office. The position was entry level and he knows the same as the rest of the graduates because we had to go thru the same classes. Already looked in to his background and he worked at a local manufacturing company. Whats that got to do with the oil field. So more qualified, I think not.

[ESteele]

Unless you are covered under a collective bargaining agreement, you likely do not appear to have any viable option to challenge your employer’s purported violation of its own company guidelines. You do not seem to have any practical avenue in which to challenge this matter successfully.

Of course, you can complain to HR. However, do you think HR is oblivious to fact seventeen other trainees are awaiting placement? The husband apparently has “juice” which the remaining seventeen do not. Sometimes, “who you know” is all that matters.

I do not perceive how complaining internally (or externally) will benefit you here. Indeed, I think your complaining could lead you, as an at-will employee, to eventually having to look for another job entirely. In this case, you are probably best served by bidding your time patiently and quietly.

Is this situation fair. Based on your post, it does not appear at all fair. However, it does not appear unlawful.

[thatdude]

Thank you for all your help. All I want is the job that I applied for, got, and did everything the company expected of me. Just dont like the fact im getting the short end of the stick.

[Beth3]

I just find it funny that 17 people have been waiting at least 3 weeks and the ladys husband gets to go out in three days.

Giving special consideration to the spouse of someone who works for the company is not illegal. All you and the others can do is hang in there until they have a job to assign you to. In the meantime, you're free to file for unemployment benefits.

[ESteele]

Beth, I think the OP is not eligible for unemployment because he is continuing in his $500/wk position in the company while he waits for a $2200/wk position with the same company to open up. This is what I gleaned from his posts.