major corporation not following industry best practices or internal policy/procedure

What is the name of your state?What is the name of your state? Virginia


COMPANY = Fortune 500 corporation; multi-billion revenues; HQ - NJ; operations - nationwide; subsidiary that is highly involved in federal government marketplace.

WORK SETTING = Recruiting department; 12 total recruiters split evenly between MD and VA office locations; as far as management, each location has 1 recruiting manager and both overseen by Director of Recruiting.

INSTANCES IN QUESTION

1. Multiple instances where new hire/promotion (5 in past 3 months) made against position that was not advertised internally as per corporate policy or was advertised as position other than what actually being hired for, i.e., recent hire of Recruiting Manager through Sr. Technical Recruiter posting. Comment: All internal employees were effectively iced out from being able to apply internally for Recruiting Manager position. Job posting is documented. Subsequent to hire, Director of Recruiting sent out email and Powerpoint presentation claiming that new person hired against advertised Recruiter position is in fact Recruiting Manager.

2. Tenured employee (going on 5 years) denied salary increase by Director of Recruiting because "told" that experience he knows of is only administrative in nature and hasn't had any actual recruiting experience that would merit increase. Comment: Employee had actually done 4 years of recruiting prior to moving to account manager role. This could have easily been ascertained if Director had spoken with previous manager still with company (current manager only in position since Jan. 04). There is also ample paper documentation as well as reporting data showing that this employee had done recruiting prior to into account manager position.

3. All department employees went through performance appraisal process in September where graded without objective data, i.e., not told what numbers held accountable for or how they are tracked if even done so. Salary reviews shortly followed which were contingent upon performance appraisal grades.


SIGNIFICANT FACTS

Recruiting Manager from May-Oct '04 had EEOC investigation for sexual harassment initiated and later withdrawn. In October, was moved laterally into another management position that had less direct people management responsibility.

New/current Recruiting Manager came in as per point 1 above. Have email in which previous recruiting manager referred current manager for job with company back in Feb '04 and had referred to him as "good friend."


I am shopping this case to see if it is actionable in any regard whatsoever. Do not care about the money, however would like to see management of this recruiting department (and at this point the entire corporation) held accountable for failure to follow corporate policy as well as industry best practices which should be following as a major corporation that does significant federal government business. Several current and former employees who would be willing co-plaintiffs are non-white if EEOC case can be made. All of the recent hires/promotions in question were white candidates.

Thanks in advance for review and consideration.

1. No laws require that employers post jobs internally or follow their internal company policies, which are voluntary.

2. No laws require employers to provide salary increases unless an employee is being paid minimum wage and minimum wages increases by an Act of the employee's State legislature or Congress.

3. No laws require that employers have a performance appraisal process or if they do, to provide feedback to employees on their job performance.

Recruiting Manager from May-Oct '04 had EEOC investigation for sexual harassment initiated and later withdrawn. In October, was moved laterally into another management position that had less direct people management responsibility. So?

New/current Recruiting Manager came in as per point 1 above. Have email in which previous recruiting manager referred current manager for job with company back in Feb '04 and had referred to him as "good friend." Again, so? I don't see the relevance of either of these statements.

I am shopping this case to see if it is actionable in any regard whatsoever. Do not care about the money, however would like to see management of this recruiting department (and at this point the entire corporation) held accountable for failure to follow corporate policy as well as industry best practices which should be following as a major corporation that does significant federal government business. Several current and former employees who would be willing co-plaintiffs are non-white if EEOC case can be made. All of the recent hires/promotions in question were white candidates. What evidence do you have that any of these decisions were made because of anyone's race? An employer is certainly not required to follow industry best practices. They're not required to follow their own company policy either.

I'm not saying I agree with the employer ignoring their own practices/policies but simply that it's not unlawful not to do so.