Legal obligation for position description

[gno]

I work in New Jersey as an at will employee. Does my employer have any legal obligation to adhere to the position descriptions published in their human resources literature? I am designated as a position "A" but can clearly document that I have been performing position "B" for at least two years. Position "B" is one level above position "A".

 

[pattytx]

Nope. Have you spoken with your manager?

 

[gno]

Yes; there has been a lot of management transition; I have had 3 managers in 2 years. The most recent manager says the position descriptions are only a "starting point" of job expectations; additionally he said that my performance record does not show that I should be promoted. However, I have not been reviewed in the last four years so I am wondering if I have any legal recourse. I also believe the fact that I have not been promoted has resulted in pay inequity between myself and other staff members.

 

[BelizeBreeze]

Yes; there has been a lot of management transition; I have had 3 managers in 2 years. The most recent manager says the position descriptions are only a "starting point" of job expectations; additionally he said that my performance record does not show that I should be promoted. However, I have not been reviewed in the last four years so I am wondering if I have any legal recourse. I also believe the fact that I have not been promoted has resulted in pay inequity between myself and other staff members.

You have two legal remedies:

1. put up with it or,
2. quit.

 

[mlane58]

additionally he said that my performance record does not show that I should be promoted. However, I have not been reviewed in the last four years so I am wondering if I have any legal recourse.

Legal recourse for what? Apparently you are under the impression that somehow your employer is under an obligation to promote when you feel it is right---WRONG! Job skills and tenure doesn't lock you or anyone else into a promotion. There are alot of other factors that are taken into consideration. You don't have any legal standing.

 

[gno]

legal recourse for the inequity I am subject to; my co-workers have benefitted from supportive, consistent management; I believe that I have been injured by the lack of the supportive, consistent management. The outcome of this is that my co-workers are one or two grades higher than me, compensated more for doing similar work. I realize there may be no recourse, that is why I asked the question. Finally, would it make a difference if I am a member of a protected class and my co-workers are not?

 

[mlane58]

legal recourse for the inequity I am subject to

Please, get real!

Finally, would it make a difference if I am a member of a protected class and my co-workers are not?

It only would make a difference if the reason you were not getting promoted was based on your protected class and you would need to have some reasonable evidence that it was the case to prevail in any claim. Everyone is part of a protected class whether its your gender, race, age, religion, national origin, etc....

 

[cbg]

A job description is not a legal document and is not a binding contract. In fact, employers are not even required by law to HAVE job descriptions (although they are a good idea for many reasons).

Nothing you have posted gives you any legal recourse.