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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Default Promised a Promotion, but Employer Hired Somebody Else

    My question involves labor and employment law for the state of: California
    I work as a pharmacist in a hospital. In December of 2011 a new clinical position I had been pushing for was authorized and in January of this year my boss called me in his office and offered the position to me. I accepted, and we discussed how to proceed, including the fact that a replacement would need to be found for my current job before I could proceed. It is difficult to find qualified applicants in our area, so when 2 months had gone by with no progress I was not concerned. I have a few emails sent between my boss and I concerning educational material I would need for the new position, however none clearly state that I was to receive the promotion. I did not notice that the new position was still advertised on the companies website. In late March I was again called in by my boss and he stated that another pharmacist had applied for the clinical position and he was offering the job to that person, but that I did not need to worry because a second position would also be created for me. That person did not work out and I was again told the position was mine. The exact same thing happened a month later with my boss again offering me the position. Around that time we finally hired a person to take my current job duties, my boss informed other departments that I would be changing duties, and the listing for the new position was removed. By this time I was extremely frustrated and asked that the offer be made in writing, which was agreed to. I have emails from this time clearly stating what training I would need to fill the new position, but I have never received an offer in writing. Today I heard that a new person was interviewed for the new clinical position. How they applied for it I do not know since it is not longer advertised. Sadly I decided not to apply for another post at a neighboring hospital because I would really like this job. Does anyone have any advice? Thank you!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Was Promissed a Promotion but Found Out Another Person Was Hired Instead

    Unfortunately, this sounds like a matter of bad management and is not actionable. It's a shame that the right hand and the left hand do not each seem to know what the other is doing, but there is no law you can invoke that will force them to promote you.

  3. #3
    Join Date
    Jun 2012
    Posts
    173

    Default Re: I Was Promissed a Promotion but Found Out Another Person Was Hired Instead

    Sounds like a pretty awful situation, however, I'm not quite sure how much legal recourse you realistically have. Employers make these sort of promises all the time, but generally are under no obligation to follow through on them. Such is the nature of at will employment. Employers are free to retract offers unless there is some sort of detrimental reliance on your part, which can be hard to prove.

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