Can I demand the reason for position transfer denial in writing?
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Can I demand the reason for position transfer denial in writing?
I work at a hotel in a non-union overnight position 16 hours per week. About 7 months ago, I filled in as a bellman 3-4 days 2 reg. nights per week for the whole month. After 3 weeks of this
I requested a transfer, they had 2 open positions posted, FDM front desk manager said after holidays I would transfer. When in formal trans interview HR said no, FDM lied and claimed no such statements had been made. They hired 2 new people not already working for the company, when I asked why I was told I don’t smile enough. It was OK when they needed me but not for permanent? Shortly after, I put in for trans to phone position, no smiling necessary, the reason that time was
Asked on July 9, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, there is no legal obligation for an employer to provide an employee or propsective employee with written documentation of why they did no receive a job, a transfer, etc. They don't even need to give you an oral explanation: they could just say you didn't get the job and leave it at that. And they are not required to tell you the correct reason if they do say something: they can give you a "face saving" reason, rather than engage in an unpleasant dialogue. Because employment is "employment at will," which may as well be called "employment at whim," they can choose to not accept you for any reason (other than below) and not tell you or document "why."
They can't discriminate against you at work for several reasons, the main ones of which are race, age over 40, sex, national origin, disability, or religion. If you believe that the reason you did not get the transfer is really because of, say, your age over 40 or race, speak to the federal EEOC or your state's equal/civil rights agency about filing a complaint.
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