I received an interesting email from someone asking me to address an issue that often finds itself in the workplace. What happens when you are passed on being promoted within a company and the job is given to someone that you feel doesn’t have the appropriate skill set and received the promotion based on “connections” with upper management? My first inclination is to say I’m sorry because that is never a pleasant situation in the first place. However, time to put on the legal thinking cap to see if there is anything that can be done about it.

The first word that comes to mind is discrimination. Is there discrimination in this situation? Employers have a right to promote within a company but if there is actual discrimination in the way the person was chosen, there might be a claim there.   The Federal Equal Employment Opportunity Laws (http://www.eeoc.gov/abouteeo/overview_laws.html) describe the different laws that are in place to protect against discrimination in the workplace.  These laws are increasingly growing and changing as clearly there is a need for employees to be protected these days. However, I know there are certain people who take the position that if you don’t get what you want, tough luck — just simply go out and get a new job. I find that mentality is in the minority as most people first think of how to get back at the employer rather than being proactive and looking for a new (and perhaps even better) job.

If there was an intentional act of discrimination on the employer’s part (ie: there is proof that the job was given to someone else because of a race or gender issue), then certainly you should explore all of your rights. In most states before you file a civil claim, you must first file a claim with the Equal Employment Opportunity Commission. Most states have local agencies called “Fair Employment Practice Agencies” that regulate anti-discrimination laws.  Be sure to check your local state listing for this information but some helpful tips on filing a claim can be found here: http://www.eeoc.gov/charge/overview_charge_filing.html. Further, if you have an employment agreement where it was agreed that you would be promoted at a certain time, I would recommend taking a closer look at your agreement to see whether you have a breach of contract action.

Ultimately what you really have to decide is how much time and effort you want to spend fighting a battle against your employer. It is easy to understand the anger and frustration that might come along in this situation. However, getting angry only affects you and certainly not your employer. They don’t care; they have already made the decision regarding the promotion. I am a firm believer that everyone has a right to stand up for themselves, along with being able to work in an environment where they can grow, succeed and be encouraged to do their best. Don’t ever feel as if you have to stay “stuck” in a job. If someone at your company is getting promoted based on “connections” but that person can’t do the job, ultimately it is “too bad, so sad” for the employer. The key is even if you decide to file a claim, hopefully you have already made the decision to leave and are on a better path anyway.