I lost a promotion – will I get compensation for the lost raise?

  • Yes, if you can show that the promotion was a real and substantial possibility, not mere speculation

In Bossio v. Li the plaintiff was government worker.  His boss said that he would have put the plaintiff’s name forward for a promotion, except that he noted a change in the plaintiff’s personality and some depression.  He was concerned that the plaintiff would not be able to do the new job.  The changed personality and depression was caused by the collision.

The judge said that there was a real and substantial possibility that the plaintiff would have been considered for a promotion had he not been injured.  However, since the job would have been posted it is possible he would not have been the successful candidate.  The loss is calculated according to the probability that the event would have occurred.  Here there was a 25% chance the plaintiff would have got the promotion, so he was entitled to 25% of the past value of the raise.  He was also entitled to compensation for his pay level being a step or two behind what might have otherwise been, carrying on into the future.

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Read the case:  Bossio v. Li