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I feel that I have been denied a promotion because I was hospitalized for depression/medication adjustments. Can I sue my employer?

I have been with my current employer for a year and two months, and helped set the store up before we opened to the public. My original associates and I learned many skills that the "new" hires have not: names of racks,, how to read a floor plan, etc.

I was assigned to the Misses/juniors departments, and have worked these

areas ever since. I show up on time, outside of uncontrollable circumstances such as college classes running over, family issues, or simply misreading the schedule. This is rare, and I contact my employer in advance. I have been recognized for my customer service skills and knowledge of my department and products, as well as my teamwork skills and friendliness.

Naturally, when the position opened up, I applied,

About a month ago, however, I had a depressive episode due to medication problems which resulted in an involuntary five-day hospitalization. My mother contacted my employer to explain the situation, as I was unable to use the phone from the BHU. While here, my medication was adjusted and so was my

diagnosis. A day after being discharged, I showed up to work as I was scheduled

A month later, I was in the hospital for medication again for a day. I had to call in.

Today I found out that everyone who applied for the position was interviewed, and I was never contacted. The position went to a girl in guest service, who had no prior floor experience and had noprior retail training.

I was the only one not contacted. Can I sue?

Update:

Well, Its not just what I feel, and you would have known that if you read more than the title.

3 Answers

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  • 5 years ago

    No, you cannot sue them. There is nothing legal that says you have a LEGAL RIGHT to be interviewed for it, much less given the position.

    I'm sorry, and I'm not disputing your ability. However, you have been in the hospital twice in the last month. That is legitimately going to affect what happens at work. Sorry, but that is how things operate.

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    • Cayden
      Lv 5
      5 years agoReport

      Look up the American Disabilities Act. Your employer cannot not hire you because you have a mental illness, and they have to provide accomodation for that disability, and they cannot punish you for that if you are qualified for theposition

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  • 5 years ago

    You have no cause to sue. Your track record is far from stellar. All that going on and you have only been there for a little more than a year? If you were denied a promotion, it was totally justified.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
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  • 5 years ago

    Sorry.I just read the title.... You can't sue someone because of what you FEEL. You would require some proof and evidence.

    • Cayden
      Lv 5
      5 years agoReport

      Well, its not just what I feel, you would have known that if you read more than the title.

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