applied and accepted a position and they gave me a lower position

I applied for a job in PA as a Senior Test Analyst. I went for the interview and got a call that I was accepted for the position. We got down to negotiating and I asked for more than they offered (they wanted to pay me the same as I was making). They agreed and sent the forms for me to sign. Not knowing the formal titles, the paper said Test Analyst II. When I got into the company, I realized Test Analyst II was not the Senior position. After a year, I asked to be promoted to a Senior based on my skills and work and was asked to wait. Then there is a posting for a Senior Postion which I can apply for, but don't feel I should go through the same process again. Is this legal??

thank you, Brook

1 answer  |  asked Aug 21, 2008 07:41 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
"At-will" frequently means that employers can change their minds, but NOT retroactively.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, in PA, you unless you have a contract, you are an "at-will" employee. "At-will" frequently means that employers can change their minds whenever they like. However, they cannot do so retroactively; that is, they cannot promise to pay you $100 this week, then pay you only $50 - they have to tell you in advance that they are changing your pay. If you don't like it, you can leave. A simple, but sometimes brutal, relationship.

In this instance, you were promised a position that you did not get; as long as they paid you as they promised, it is unlikely that you will have a legal claim for the position or title. Further, you don't have a right to the promotion or posting that exists now, you have to compete for it with everyone else. If your employer is paying as promised, but not promoting you as you wish, you may want to seek work elsewhere, with a more reputable or reliable employer.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Aug 21, 2008 08:12 AM [EST]

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