QUESTION

Do I have a lawsuit if I feel that i was passed over for a job where i meet the quaiifications and was unoffically given the position?

Asked on Jul 15th, 2013 on Labor and Employment - Virginia
More details to this question:
I also trained another employee for the secondary in this position. And she was later offically given the position even though she did not fit the qualifications for the position?
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1 ANSWER

Virginia employers have a lot of leeway to decide whether to promote you.  The only exception is if the company decides not to promote you for an illegal reason.  Depending on the size of the company, illegal reasons include your race, gender, religion, ethnicity, national origin, age, or disability; your complaints about discrimination; or your refusal to break the law.  It can be difficult to prove a discrimination case if the company didn’t give you a reason for being passed over.  We look at whether your supervisors made any comments that might suggest that they were racist, sexist, or the like.  If so, sometimes a jury will conclude that the failure to promote was discriminatory.  Every case is different, and it’s hard to say from the information you’ve provided.  Please give us a call to schedule a consultation.
Answered on Jul 17th, 2013 at 12:57 PM

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