I wanted to see if there are any legal protection’s for personnel in degree seeking education. Basically, my boss wants to promote me, but Human Resources has said that they think since I am trying to obtain my Master’s that I might leave the company after I obtain it this year, so they are trying to find another candidate for the promotion (I have no plans to leave the company). I know you can’t be discriminated against for sex, creed, color, sexual orientation – but I didn’t know if there is any protection for those seeking a degree. My boss is trying to fight it, but the bureaucracy of a large company might win……
In my knowledge and experience, "getting a degree and leaving the company" isn't one of the protected discrimination categories. What Dennis said.
Sorry, but you do not have any legal protection. Does your company have a policy stating how long a person must stay with them if they provide any type of educational assistance? Most do!
They only require a letter stating that one will stay for technical personnel, not business or mangement people. I would gladly sign one, since they are paying for the degree, which is ironically keeping me from a promotion.
Have you tried suggesting this to the HR personnel? It should assure them that you are sincere in your desire to stay with the company. Honestly, your HR department must have some real idiots. It's hard to imagine believing that someone would not be less likely to leave if they are promoted than if they are not promoted. Talk about a self-fulfilling prophecy... Unless maybe they think that even with a promotion they won't be able to pay you as much as you'll be worth. It's no wonder that so many people feel they need to hop from company to company in order to advance their careers.
Sorry to be paranoid but this sounds like something that is too stupid even for personnel. (Hey it was just a joke. I'm not that big of an asshole. Oh wait, maybe I am but it was still just a joke.) If you don't know for a fact that personnel is doing this, I wonder if the boss is just not so sure that he wants to give you the promotion and he just doesn't want to tell you the real reason? I know that in some companies the Human Resources department has more power than in others but I have never heard of a personnel department that got to pick who gets promoted into different management postitions?
I won't go into great detail, since I am really upset about this one, but yes they have the power. We work with alot of government agencies, so HR uses the "we could get audited", so they do not let applicants even apply, if you ask why, they don't return calls until after the posting period ends. Most positions are based on senority ONLY, not skill, which makes it more difficult. Most positions don't get posted unless there is a canidate for the job, that is why I know about the promotion. It makes a very slow and expensive company, but hey, the taxpayers are footing the bills. There are a few of us trying to make some changes and better the company, though it sounds idealistic, it keeps us going. I know that some things have gone on, like my salary being given to a fellow employee. I might get a meeting with all involved, and that is why I posted to see what legal standing I could have. It doesn't seem like there is anything I can do. It isn't all bad, I love the people I actually work with, and they are paying for my second degree (BA and Master's).
I agree with Bill. HR should be in an advisory role within the corporate stucture. Can you converse with your manager to "push-back" to the HR Manager, that you are deserving of a promotion based on your performance, regardless of degree pursuit? Lastly, if HR can position that beacuse they are providing tution reimbursement, they have a vested interest in your continued employment, hence, an incurred risk if you left, you may opt to pay for your program yourself, thus minimizing the strength of their influence. I hope this helps.
I know that HR generally has much more power in companys that work government contracts. Unfortunately I stand corrected, it isn't too stupid for HR. I definitely sympathize with your situation and appreciate why you're so upset.
Sounds like HR is practicing a form of dispariate treatment - a compensation issue, which could be a violation of the Equal Pay Act and an EEOC violation.
It sounds like a backwards HR organization. One way to counter is when you set up your performance goals for your annual review. In your goals you could point out that you Will in enrolll and make progress in a masters in ........ to support the company in my job by ......... You just fill in the blanks. If supported by your supervisor then HR needs to support you in obtaining your goals. John
