Verbal conditions upon hiring are broken

[BrokenPromise]

I am employed within a fairly large school system(over 5000 employees). When applying from outside the organization, was told that the position I was applying for was to be used to groom for the supervisor's position. This was something that interested me, so when they called me to offer the position, I once again confirmed that there was nobody else that could get the promotion to the supervisor's position. I wanted assurance that nobody else in the office would be a threat to the promotion. Although the position was a substantial decrease in pay from what I was accustomed to making, I took the job. When the supervisor retired, I was not automatically promoted, but forced to apply for the position. I interviewed along with somebody else in the department for the position. The personnel department and superintendent recommended me for the position based on performance, interview, education, etc., but the school board rejected the recommendation and the job was thus given to somebody else in the department. My complaint is not discrimination, but the fact that I was told that I would get the supervisor's position only to get me to come to this organization, but was not told the process for this happening (e.g. was not told that I would have to apply for the position and that a board would have to approve it). I was led to believe that I would be promoted into the position. I have now been working for 5 years in a position in which I have been earning less than my potential. What leg do I have to stand on? Can I sue the school system for misrepresentation or anything else? Any advice would be helpful.

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney client relationship.

Your case is going to involve a lot of you said they said and paperwork (evidence). But guess what? Yes, it is in the category of fraud -- misrepresentation or fraudulent inducement. I would think your damages would be a mathematical calculation based on the following:

difference between old salary (job you left) and this salary (this fraudulent one) and any and all promotions/bonuses.

However, in most states, employment is at will and employers can hire/fire with/without cause. Basically, it will be difficult to prove unless you had it in writing: they wrote a letter to you or in their policy books. --> read the employment labor law section of freeadvice.com and/or contact an employment attorney at attorneypages.com (offer free consultations).

hope this helps.