Unethical Promotion in Corporation

[sareka123]

Recently in the department I work for, I was working as an Iterim Team Lead due to some staffing changes. Back in March of this year, I was told that someone else was going to become the Team Lead of my department. This person that was placed in this position had no experience in our department at all. When I questioned the Manager of the department I was told it was to provide her growth with in the company. Well, I have been with this company for 11 years and 10 of it in the same department. I know this department very well and I have great relationships with all my co workers. The person that was placed in the Team Lead position has only been with the company for 5 or less years. I feel that this person was placed in this position because they didn't have any other position for her at the time. She was working as a Business Analyst on a new program the company was looking into implementing. Well the company decided to change this program from a business site project to a global project so she wasn't needed on the team at this point. This has caused a lot of hardship for me. I was more than qualified for the Team Lead position. Since this decision was made, I had a depression break down. I have been left to train someone that is in a position I should be in and this is degrading to me. Why should I have to train someone for this position? A person in the Team Lead position should already have the competent understanding of the role they are being put in.
I often struggle with doing the right thing when I notice mistakes she is making.

My question is, do I have grounds for legal action for the decision the corporation made? This position was never posted they just placed the current person in the position and overlooked me. They took a person with no experience over a person with 10 years experience and who was already working as the interim Team Lead.

I have been in contact with the Director of HR within the Company and he stated to me he would investigate. I'm afraid that the outcome of this investigation will not get me what I desire. Can I sue the company?

 

[Patricia_Young]

You have no grounds for legal action. From what you posted, this was a management decision not related to any protected characteristic of yours. Honestly, though if you are now clinically depressed because of this decision (which you had NO control over), you need to seek help. Or let it roll off your back and move on.

 

[sareka123]

So from an HR Standpoint the position did not need to be posted for all qualified candidates to apply? I disagree.. I think I have a case I feel I was discriminated.

 

[Patricia_Young]

So from an HR Standpoint the position did not need to be posted for all qualified candidates to apply?

Not legally, no. There is no law for private employers requiring posting of open positions. None. Zero.

I think I have a case I feel I was discriminated.

You may well have been. But unless it was because of a protected characteristic (under Title VII) of yours, such as your race, gender, religion, national origion, etc., it is not illegal discrimination.
http://www.eeoc.gov/facts/qanda.html

If you don't agree with these answers, feel free to pay an attorney to tell you the same thing I've told you for free.

 

[jharris352]

Maam, listen to Patricia. She knows what she is talking about. While I understand your frustration you have absolutely zero claim against the company for discrimination. They may have made a bad decision, but they are free to do that. They do not owe you a duty to promote you. Had they posted the job and you applied for it and they gave it to the same individual, would you feel any better about it? I doubt it. The issue in your mind is not really that they did not post the job, but they did not give it to you.

I can understand your feelings but it just isn't actionable. Patricia is right.