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?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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