QUESTION

my employer told me i would have the next position available. Ive been passed up three more times. is this a possible law suit.

Asked on Aug 27th, 2011 on Business Law - South Carolina
More details to this question:
have it recorded about me getting the next position. i have been there longer than the others who got the position. They know i cant work night shift so they are using that against me but they knew i couldnt do night shift when they told me i would get the next position
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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Generally speaking, oral promises of future employment without a specific "duration" term (i.e., that your employment in that position will be guaranteed for a period of x years) are not enforceable. This is so because employment is deemed to be "at will." A result of the "at will" doctrine is that your employer can change the terms of its offer at any time for any reason or no reason at all. It sounds to me as if, in any event, the "next position" available at your employer is not one you are able to perform. This, too, would be a defense for the employer. When in doubt, consult an employment-law attorney. I am not admitted to the SC bar, and this response should be considered general information.
Answered on Aug 27th, 2011 at 5:44 PM

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