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What Happens if I Refuse a Demotion

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  • 06-22-2014, 08:15 AM
    Jane1234
    What Happens if I Refuse a Demotion
    My question involves labor and employment law for the state of: California.
    For a couple months now management has vaguely hinted they want to eliminate one of the 2 current supervisor positions. They called me in last week and told me I'm not doing a good job and that they want to lower me by one position. They had very invalid points. Then they wrote me up, I refused to sign it, and they wanted an instant answer on what I wanted to do. I have not given them an answer. What happens if I refuse the demotion? Keep in mind they are not going to replace my seat, it seems they want to cut costs and restructure the department. The other supervisor will still be in her position. Seems they are being very shady and very careful on how they are handling this. There's something behind this but I don't know what it is and someone who does know told me they don't want to be in the middle of it.
  • 06-22-2014, 08:19 AM
    cbg
    Re: What Happens if I Refuse a Demotion
    If you refuse the demotion you are out of a job.
  • 06-22-2014, 08:24 AM
    flyingron
    Re: What Happens if I Refuse a Demotion
    The employer is free to change your job without you "accepting" or "refusing" it. If you don't do what they said they can fire you. You can refuse it by quitting. They are allowed to change your job for either your poor performance (which they neither need to warn you about or justify) or because they have too many supervisors in their opinion.

    Your options are to take the new job or quit or risk being fired.
  • 06-22-2014, 11:29 AM
    Lehk
    Re: What Happens if I Refuse a Demotion
    if you are terminated for poor work performance or have a reduction in pay in excess of 20% you may qualify for unemployment benefits.

    however you may have screwed yourself by refusing to sign that write up, many employers require that write ups be signed and refusal to sign is grounds for termination that would most likely disqualify you from getting unemployment as refusal to sign it is intentionally violating policy.

    signing it is not a confession of anything it simply acknowledges that you were aware that you were written up.
  • 06-22-2014, 11:51 AM
    LawResearcherMissy
    Re: What Happens if I Refuse a Demotion
    Quote:

    What happens if I refuse the demotion?
    Where I come from, we call that "resigning".
  • 06-22-2014, 11:58 AM
    cbg
    Re: What Happens if I Refuse a Demotion
    I think the poster was hoping there was a law that would allow her to say, No, I'm not going to accept being demoted, and the employer would be forced to say, Oh, okay, we'll leave you in your old position then.

    No such of a thing. As someone said above, her options are to accept demotion, quit, or be fired. There is no law anywhere in the US that is going to force the employer to leave her where she is if they don't want her there any more.
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