Where can I go from here?

May 3, 2007 3:46 PM

I wish to move to a new position within my company (in a different dept) but my boss won't sign my internal job application because he says he needs to find a replacement first. Whilst this sounds reasonable, I believe this to be an excuse which he can and will use indefinitely, and that he has no intention of attempting to replace me but wishes to delay my ability to get the new position long enough for it to become no longer available. Tomorrow I'm meeting with our HR rep to discuss this, and I don't think it's going to go in my favor because we're already losing several people and I'm sure they want to plug the hole. What other options of recourse do I have if the HR guy is unable to help me out?

I should add that this is a US post-production company that I'm working for on an H-1B visa and I'm several months into my Green Card application. So, whilst ordinarily I'd simply look for another job, in this situation if I don't get to take this position, I'll be stuck in a dept I have lost confidence in, with a boss who now considers me a turncoat. Also, the job I do is reasonably specialized, so other internal jobs that I am suitable for are pretty thin on the ground.

I would really appreciate any help or advice specifically on who else I could turn to.

(oh, and the job in question I would definitely get if I were permitted to apply for it)

posted by forallmankind to Work & Money (11 answers total)

Best answer: I suggest you attempt to arrange a meeting in which you, your current manager and the internal hiring manager meet to see if you can all work out a "transition plan" wherein you gradually leave your old position and ease into the new one. This will likely involve you juggling responsibilities for two postions, but should appease the interests/concerns of both managers and departments. Ask HR about this idea. Obviously, you are a valued employee -- and everyone should be willing to find a way to balance your personal goals/interests with those of the company.
posted by ericb at 3:53 PM on May 3, 2007

You haven't mentioned if you've discussed this (informally, of course) with the hiring manager? If you haven't you might want to do this before your discussion with the HR rep. If the required skill set is that specialized, I imagine the hiring manager in the other department is going to face the same challenges as your present manager when it comes to filling open positions. If s/he wants to hire you, his/her (informal) endorsement might help you influence the HR rep to help you out. At that point, a meeting between you, your manager, the new manager and HR would probably be very productive
posted by necessitas at 4:13 PM on May 3, 2007

Response by poster: I have discussed this with the hiring manager - he's my former boss and sworn enemy of my current manager, so an amicable agreement between them is unfortunately out of the question.
posted by forallmankind at 4:20 PM on May 3, 2007

I just went through an internal move at my company. Our HR department has a documented process for "job posting". My old manager, according to that policy, could not refuse to sign my application form unless there was a documented problem with my job performance or attendance. If you haven't done it already, I would suggest you investigate whether your company has similar rules in place. Additionally, we have a rule about how long the "old" manager can delay the move if an offer is extended - it's capped at one month, and only with a really good reason.
posted by ersatzkat at 5:28 PM on May 3, 2007

If nothing else works, you go to your current boss and say, "If I haven't transferred to my new job in 28 days, then in 30 days I quit."

But you have to mean it. If he still doesn't let you go, then you really should quit.
posted by Steven C. Den Beste at 6:25 PM on May 3, 2007

There's a different answer: go up another level. If you can't get satisfaction on this from your boss, go to his boss about it.
posted by Steven C. Den Beste at 8:18 PM on May 3, 2007

Rent the film "Brazil", by Terry Gilliam et. al. It may help to decide if one wants to remain in Information Storage
posted by longsleeves at 8:21 PM on May 3, 2007

But you have to mean it. If he still doesn't let you go, then you really should quit.

As far as your current boss is concerned you are, in effect, quitting. Moving from one dept to another is like moving from one company to another as far as the people involved are concerned, both the ones you're leaving and the ones your going to. So yes, you have to mean it and act appropriately once you've said you want to leave, you've effectively given your notice already.
posted by scheptech at 10:10 PM on May 3, 2007

"Needing to find a replacement first" is not a reason. What is at stake here is the best interests of the company, and not letting you give your best to the company is not in its best interests.

In the corporate world I work in, indispensable people change jobs all the time. Their bosses apply for an RTH (Right to Hire) for backfill and they work out a transition plan with the new boss.

Yes, bring this up at a higher level. Your boss' answer is not an answer.
posted by kika at 3:50 AM on May 4, 2007

This exact situation happened to me, and I failed to transfer. As a result I am losing my job. My advice would be to contact the people offering the position and let them know of your interest and the obstacles you face. Also, go to the boss's boss. Also, go to HR and ask about these rules. Push. Hard. Because my stating your interest your days are probably numbered.
posted by xammerboy at 7:36 AM on May 4, 2007

You can keep your H-1B if you find a job at another company. Because you already have an H-1B, you are not subject to the cap and your application will be approved regardless of the quota.

I think "several months" into the green card process isn't a good enough reason to stay. After all, it's about a five year process (on EB-3) these days. Labor certifications get approved fast.
posted by crazycanuck at 8:32 AM on May 4, 2007