Is it legal for the assisitant manager to be passed up for manager job and someone who is not in management be given the job?

UPDATED: Jun 30, 2012

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Is it legal for the assisitant manager to be passed up for manager job and someone who is not in management be given the job?

I am an assistant manager for a local pizza place and the owner has fired the manager and put someone not in management as the new manager. I will also point out that I have been with the company for 8 years and this other person has been there less than 6 months.

Asked on June 30, 2012 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is, unfortunately, completely legal, even if not fair and arguably bad management, with one exception (see below). The law allows employers to decide for themselves who to fire, who to promote, etc., and does NOT count seniority or experience unless there is an employment or union agreement mandating that those factors be taken into account.

That said, it is illegal to discriminate in employment for certain specific reasons, such as due to an employee's race, religion, age over 40, sex, or disability. If you feel you were passed over for a reason like this, consult with an employment law attorney; you may have a cause of action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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