- 10 - We first note that the parties both stipulated on the record that Selane Products did not expressly require that petitioner obtain an MBA to continue employment with Selane Products.12 We must determine, therefore, whether Selane Products conditioned promotions, rather than employment generally, on petitioner beginning the MBA program. Petitioner’s boss at Selane Products strongly encouraged him to obtain the MBA. Petitioner’s boss also speculated that petitioner might advance faster within Selane Products with the MBA. The record does not support respondent’s contention, however, that petitioner’s promotions were contingent on his beginning the MBA program. Encouraging petitioner to obtain the MBA and speculating that he might advance faster with the MBA is not tantamount to a requirement that petitioner obtain the MBA. Moreover, we decline to find that a minimum education requirement existed merely because petitioner’s promotions happened to coincide with his enrollment in the MBA program. We find no evidence in the record that petitioner was required to begin the MBA program to receive the promotions at issue. Nor do we discern that a requirement existed on the facts 12Inexplicably, while a letter in evidence emphatically states that “Daniel R. Allemeier, Jr. is in fact required to earn a graduate degree in order to maintain employment with Selane Products, Inc.,” the parties stipulated: “An MBA did not meet an express requirement of Selane Products as a condition to petitioner’s retention with Selane Products.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011