Author Topic: Denied Documented Promotion...Advice For Next Steps  (Read 9438 times)

coolistdude

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Denied Documented Promotion...Advice For Next Steps
« on: April 16, 2016, 12:50:38 PM »
Hello,

There is a million details to this. My...friend works in public service and is performing a job historically done by two people. When his coworker quit over a year ago, management told him that if he did both jobs for a year, he would be favorably reviewed for a promotion. My friend had meetings about every two months with boss to determine if he was still on track, until boss requested they be three months apart. In the second meeting, my friend was told he would be a "shoo in" for the position provided he continued to meet goals documented in a shared Google doc with my friend, boss, and boss's boss. The boss's boss contributed a few bullet points to complete. My friend faithfully performed two jobs and each meeting he was told by his boss that he was on track.

Right before the year was up, my friend told his boss that the year was almost up. The boss told him to that he needed to be more autonomous and to gather up all of the things he took care of for a meeting with the boss's boss. After the year was up, the boss and boss's boss met up and afterwards boss told my friend he wouldn't get a promotion since he wasn't qualified, the position didn't exist, he didn't have the authority to promise him a promotion, and there were too many hoops to jump through. They also mentioned that the position's job description isn't fully met by my friend, despite it not being available until midway through the year by my friend's request, and not referenced by boss.

The Google Doc documenting a summary of each meeting marks the bullet points of the boss's boss, and the grammar revision by boss one sentence away from "shoo in". They've had access to it since the second meeting. HR seems to be aware of the issue/Google Doc and helped give my friend's boss the reasons that he couldn't be promoted.

Naturally my friend is very angry. He lives in California but isn't sure if there is a legal foundation for...anything. The only thing he is getting out of this is that this may not be his forever job and HR has no idea how to represent employees. His boss continues to expect him to perform both jobs right before the busiest time of the year. The rest of the small department predating my friend starting two jobs believes he is doing two jobs and are angry at boss. My friend is concerned that in the unlikely chance there is legal foundation, it will burn his chances of moving up in the company, but he is no longer willing to perform both jobs for no reason which will cause management to label him as a failure and not to be promoted for a long time. One of his coworkers advised him to write a short summary of what happened, write down questions and call a meeting with his boss and boss's boss to ask him what the frowny face happened. Someone else told him he needs more bargaining power and to start applying for jobs from different employers.

I am unqualified to give my friend good advice. Just for the record, he is somewhat mustachnian and has no personal debt. I told him I had a secret pipe to quietly successful smart people who have better advice than me. Thanks in advance.

Cassie

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #1 on: April 16, 2016, 12:55:06 PM »
You say he is in public service so if this is a government job he does have recourse and if not I have no clue.

BlueHouse

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #2 on: April 16, 2016, 12:57:55 PM »
Not lawyer, but I don't this the promise of a promotion is a legally binding agreement. Even promise of employment or employment itself can be nullified immediately.
Best advice is to look at other places and describe all the duties he has had. If he's qualified for the higher job, he shouldn't have a problem getting an offer for it from another employer, having already had the experience and documented success with it. Also, never ever believe that a company or its HR reps are there for you. They are there for the company.

matchewed

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #3 on: April 16, 2016, 01:00:27 PM »
There isn't much in the way of legality here as far as I can see. What your friend can do is start doing what his job description says are his responsibilities. And nothing further. No more extra work for some smoke screen promise.

And he can go find another job.

coolistdude

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #4 on: April 16, 2016, 01:05:15 PM »
You say he is in public service so if this is a government job he does have recourse and if not I have no clue.

Sorry...I miss spoke. I meant to say public sector. My bad. He works in education.

Edit: Not a teacher.

plog

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #5 on: April 16, 2016, 01:26:07 PM »
Did he actually ask for your advice?  Did he mean it?  Or is this one of those times that it was rhetorical and just wanted you to listen to him bitch?


If it's the latter, give him a shoulder to cry on, agree with him that they are horrible and that he got screwed. 

If he really wants advice, tell him he needs to learn from this.  Businesses aren't people and don't deserve respect, loyalty nor belief in their future promises--people in organizations can be worthy of all of those things, but the organization itself, never.  So, tell him he was a little naive and to never put himself in that position again..

In both cases, end your advice by telling him to take a deep breath, don't do anything irrational and get out as soon as possible. 

KarefulKactus15

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #6 on: April 16, 2016, 01:28:31 PM »
He got screwed, plain and simple, whether intentional or not. Happens all day every day at companies around the world. 

He has 2 options,

1.)Continue to excel at his current job even with the excessive work load for a future promotion that may or may not come (Some companies dont promote alot, gotta wait for people to die off...)
or
2.) Pursue opportunities outside his current company that match his qualifications.

former player

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #7 on: April 16, 2016, 01:31:46 PM »
Sadly he can no longer trust either boss or boss's boss.  HR will not be on his side - they are employed to represent the organisation not the employees.  Does he belong to a trade union or professional body that would help?

If he wants to give it a try, he needs to look out all the documentation he has got and set out what is incontrovertibly in the documentation as regards tasks completed, standards reached and promises made.  He could also write out a document of what was promised orally by whom and when.  He needs to find written evidence of the availability of the promoted position, the criteria for filling it and of his filling those criteria.  He then needs to find a way to use all that information to shame his boss, his boss's boss and his organisation into giving him the job, and if they have no shame to try to legally enforce a promise made.  If he succeeds, he will probably have made enough of an enemy of all concerned to make future progress in the organisation impossible and his security in the promoted job dubious.

So what he needs to do is -

1)  Ensure that he has a job description for his current role which is equivalent to a single job and which sets out the tasks to be done and standards to be reached in a way in which his current bosses will be unable to dispute his meeting them, and

2) look for a new job.

PS I've seen various suggestions along the line of hiding fresh fish behind the radiator/air conditioner in the boss's room which might be appropriate to this situation.
« Last Edit: April 16, 2016, 01:34:01 PM by former player »

Jim2001

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #8 on: April 16, 2016, 01:34:06 PM »
He should focus on executing the duties of his primary job, based on the written description.  In parallel, look for a new place to work.

coolistdude

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #9 on: April 16, 2016, 01:45:42 PM »
Did he actually ask for your advice?  Did he mean it?  Or is this one of those times that it was rhetorical and just wanted you to listen to him bitch?


If it's the latter, give him a shoulder to cry on, agree with him that they are horrible and that he got screwed. 

If he really wants advice, tell him he needs to learn from this.  Businesses aren't people and don't deserve respect, loyalty nor belief in their future promises--people in organizations can be worthy of all of those things, but the organization itself, never.  So, tell him he was a little naive and to never put himself in that position again..

In both cases, end your advice by telling him to take a deep breath, don't do anything irrational and get out as soon as possible.

He says it's both but now he would like to figure out his game plan.

prognastat

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #10 on: April 16, 2016, 02:09:10 PM »
Legally I don't think there is much he can do as far as I can think of.

However if this had happened to me it would change everything around my relationship with the company.

1. I would schedule a meeting with my boss immediately to inform him that unless I was given a significant raise to continue the double job duties or offered a promotion I would only be doing my original job description from that moment on.
2. If they disagree I would stop doing anything above and beyond what I am legally required to do and start looking for another job right away.

They have shown they can't be trusted. So I would not accept anything other than a raise in writing and effective as soon as possible, not at some later date or the same for a promotion. If they aren't willing to back down frown screwing him over on their promise, either by giving him what was promised or a reasonable comprise through a good raise, I would make finding a different company to work for my priority and do the bare minimum so they will have a hard time firing until he gets a new job and if they do is eligible for unemployment. In my opinion if a company is willing to do this once there is no reason they wouldn't do it again.
« Last Edit: April 16, 2016, 02:12:21 PM by prognastat »

pk_aeryn

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #11 on: April 17, 2016, 12:15:13 PM »
What happened is for a year (!!!) he did the jobs of two people.  If he's promoted, the company is losing big time, since they found out that job can actually be done by one person.  By succeeding, he essentially proved there isn't a need for it to be 2 separate jobs.

And now if he refuses to do the work of the "extra" job, he can be fired for not doing his duties. 

Really the only way out is to either talk with them and get them to agree to hire someone for the "second" job duties, or find another job.  It sounds like the former would be unlikely so he should start job searching right away.

MonkeyJenga

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #12 on: April 17, 2016, 12:26:15 PM »
Quote
My friend is concerned that in the unlikely chance there is legal foundation, it will burn his chances of moving up in the company

As things stand now, he doesn't have a chance to move up anyway. He needs to stop doing the extra duties and start looking for another job. Get far away from that management.

former player

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #13 on: April 17, 2016, 12:38:25 PM »
Perhaps OP's friend could go to his boss and ask for a bonus?  On the basis that sad the promotion is not available, has been working two jobs for the last year, the workload is not diminishing and a one-off bonus would ensure continued commitment to the level of effort that he has been putting in.

Then shaft the bastards back by leaving as soon as it has been paid.

coolistdude

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #14 on: April 17, 2016, 03:31:06 PM »
Thanks for the advice. My unfortunate friend will begin updating his resume etc.

Axecleaver

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #15 on: April 17, 2016, 07:40:20 PM »
Quote
isn't sure if there is a legal foundation for...anything. The only thing he is getting out of this is that this may not be his forever job and HR has no idea how to represent employees.
As other posters have stated, there is no legal foundation for anything. California is an at-will employment state, meaning your friend or the company are both within their legal rights to terminate employment at any time for any reason or no reason, barring discrimination rules.

HR's job is to protect the company from being sued. It's not to represent employees. A lot of people are under the misguided impression that HR is their friend. They're not.

When a job asks you to do more, negotiate better terms today, not later. This usually happens in organizations where the need is high but the budgets don't support expanding the group or giving promotions. Your friend should treat this as a painful learning experience and find a better job ASAP. Nothing motivates people to dust off the resume faster than experiences like this.

aschmidt2930

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #16 on: April 17, 2016, 08:21:49 PM »
My advice is stop wasting energy on the situation and find a new job.  Even if the friend is somehow victorious, it doesn't sound like this will be a fulfilling experience for anyone involved.

nobody123

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #17 on: April 18, 2016, 11:48:52 AM »
I'd find a new job ASAP.  The fact that his boss and boss' boss were coaching him all year to be promoted, apparently had no concerns / reservations during the periodic reviews, then said he couldn't be promoted because either A. the new position doesn't exist and it's too hard to get it created or B. they now say he is not qualified for the non-existent position either means they are lazy, incompetent, dishonest, or all three. 


thd7t

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #18 on: April 19, 2016, 07:07:40 AM »
Quote
isn't sure if there is a legal foundation for...anything. The only thing he is getting out of this is that this may not be his forever job and HR has no idea how to represent employees.
As other posters have stated, there is no legal foundation for anything. California is an at-will employment state, meaning your friend or the company are both within their legal rights to terminate employment at any time for any reason or no reason, barring discrimination rules.

HR's job is to protect the company from being sued. It's not to represent employees. A lot of people are under the misguided impression that HR is their friend. They're not.


When a job asks you to do more, negotiate better terms today, not later. This usually happens in organizations where the need is high but the budgets don't support expanding the group or giving promotions. Your friend should treat this as a painful learning experience and find a better job ASAP. Nothing motivates people to dust off the resume faster than experiences like this.
Just wanted to emphasise an important point.

I have a question, though. Do you have the impression that your friend was achieving the autonomy that his boss mentioned? He seems to be a hard worker who requires a lot of management. It might be detrimental to his chances of promotion.

GuitarStv

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #19 on: April 19, 2016, 07:48:17 AM »
They company you work for lied to you about something important?  There's really only one acceptable recourse.  Leave.

If you don't leave:
- You know that the company can never be trusted again, which will constantly bother you
- You will likely lose motivation and start sucking at your job as cynicism takes over
- You will most likely be expected to continue the high level of responsibilities that you took on (in expectation of a promotion) without a promotion

AZDude

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #20 on: April 19, 2016, 09:53:33 AM »
Sucks, but I do not think there is any recourse. Just find another job and give the bosses the finger on the way out.

BFGirl

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #21 on: April 19, 2016, 11:06:12 AM »
He might take the written documentation to an attorney to see if anything in it could constitute a contract.

Otherwise, sounds like it's time to look for another job.

merula

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #22 on: April 19, 2016, 11:26:01 AM »
They company you work for lied to you about something important?  There's really only one acceptable recourse.  Leave.

If you don't leave:
- You know that the company can never be trusted again, which will constantly bother you
- You will likely lose motivation and start sucking at your job as cynicism takes over
- You will most likely be expected to continue the high level of responsibilities that you took on (in expectation of a promotion) without a promotion

I almost agree with you, but I think there can be a difference between "company" and "person/people". If this is a case where the actions of the boss and boss's boss were part of a widespread company culture, then your advice is spot on. But if it's a couple of bad actors, then you're throwing away experience with what might otherwise be a good company.

For reference, about 18 months back I was working for a guy who promised promotions twice and didn't deliver in probably the most weaselly ways possible. But I work for a good company, and I knew that this guy was not representative of the organization as a whole. So I left that guy's department. And I won't go back. But I didn't have to leave the company to find a better manager/department.

AZDude

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #23 on: April 19, 2016, 11:27:02 AM »
He might take the written documentation to an attorney to see if anything in it could constitute a contract.

Otherwise, sounds like it's time to look for another job.

Yeah, but the cost/hassle of such might not be worth it. Plus, in the end you would still be working for a couple of d-bags.

coolistdude

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Re: Denied Documented Promotion...Advice For Next Steps
« Reply #24 on: April 19, 2016, 09:52:57 PM »
He might take the written documentation to an attorney to see if anything in it could constitute a contract.

Otherwise, sounds like it's time to look for another job.

Yeah, but the cost/hassle of such might not be worth it. Plus, in the end you would still be working for a couple of d-bags.

He texted me today and said one of his buddies may have an opening for him. If he doesn't get it, he will take his time and be picky to get a vertical move, instead of a lateral one. Apparently his boss apologized to him and it was enough that he can mentally perform his jobs and search.

Sorry guys that my friend didn't raise two middle fingers and storm out with a six figure job from another company. But maybe I...I mean he, will continue his gradual climb to FI.