promotion violation

UPDATED: Sep 30, 2022

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promotion violation

I work for a large box company as a part-time forklift driver. A full-time position

that I put in for was just filled. I asked the manager that made the decision what more I could have done. After a bit of talking much but saying little I was able to get him to admit that he promoted this person based on time not on ability. In the company employee agreement handbook on page 23 it says,

Asked on January 31, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may be able to sue for breach of contract IF the "employee agreement handbook" to which you refer forms an enforceable contract. It may form a contract if the terms are clear and unambiguous, AND there is no language to the effect or or similar to--
"all employment is employment at will"
"nothing in this handbook constitutes a guaranty of employment"
"this handbook does not form a contract of employment"
"policies are subject to change at will"
Any language or terms like the above show that the company did not intend or agree that the handbook have contractual effect, and will stop a contract from being formed.

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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