- 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