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Can an Employee Get Fired for Refusing a Promotion

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  • 08-07-2015, 10:35 AM
    andrea0826.am@gmail.com
    Can an Employee Get Fired for Refusing a Promotion
    My question involves labor and employment law for the state of: San Antonio, Texas

    I have worked for my employer for going on two years. They now are talking about training me for a half time manager position. I'm not interested in taking on this role, since it will be ALLOT more responsibilities that I don't want nor need. Can I quit or can they fire me if I refuse to take on this responsibility?

    And if I quit since they are kind of forcing me to change my position & my responsibilities, would I then be able to file for un-employment?
  • 08-07-2015, 10:54 AM
    free9man
    Re: Can an Employer Get Fired if Refuse Promotion
    Absent any kind of contract, you can quit or they can fire you.
  • 08-07-2015, 11:00 AM
    eerelations
    Re: Can an Employer Get Fired if Refuse Promotion
    Your employer is legally free to fire you for declining a promotion, just as you are legally free to quit over being offered a promotion.

    And yes, in either circumstance, you may file a claim for UI benefits. However, your chances of getting said benefits is pretty much nil.

    If you're fired for refusing the promotion, the UI people are going to see that as being misconduct (i.e., insubordination). And hardly anyone who quits, for any reason, gets UI benefits. (Generally the only UI-allowable reason for quitting is when someone has been subjected to egregious harassment and/or discrimination that is based directly on things like his/her race, gender, disability, age and/or religion, and which has rendered his/her workplace intolerable. Nothing in your post indicates that anything like this is going on with you.)

    Finally, posting your email address here? Really bad idea...
  • 08-07-2015, 11:02 AM
    cbg
    Re: Can an Employer Get Fired if Refuse Promotion
    Yes, you can be fired if you refuse a promotion.

    You can always quit. We outlawed slavery in this country quite some time ago. But I'm not going to promise you'll get unemployment if you quit because you don't want to take on additional responsibilities. Stand by for commentator to assess your chances and provide you with the process to increase the likelihood.
  • 08-07-2015, 11:25 AM
    andrea0826.am@gmail.com
    Re: Can an Employer Get Fired if Refuse Promotion
    Quote:

    Quoting eerelations
    View Post
    Finally, posting your email address here? Really bad idea...

    Really? How do I change it? I wasn't aware, thank you. :(
  • 08-07-2015, 11:49 AM
    eerelations
    Re: Can an Employer Get Fired if Refuse Promotion
    You can't change it now, on this site anyway. But you can change your email address so that all the really nasty people and scammers and spammers who lurk here won't start bombarding you with horrible emails.

    When you first signed up as a member here you were asked to provide a username. For whatever reason, you gave your email address as your username.
  • 08-07-2015, 02:23 PM
    chyvan
    Re: Can an Employer Get Fired if Refuse Promotion
    Quote:

    Quoting eerelations
    View Post
    However, your chances of getting said benefits is pretty much nil.

    If you're fired for refusing the promotion, the UI people are going to see that as being misconduct (i.e., insubordination). And hardly anyone who quits, for any reason, gets UI benefits. (Generally the only UI-allowable reason for quitting is when someone has been subjected to egregious harassment and/or discrimination that is based directly on things like his/her race, gender, disability, age and/or religion, and which has rendered his/her workplace intolerable. Nothing in your post indicates that anything like this is going on with you.)

    Stop perpetuating myths. I quit and got UI, and it was in no way egregious. It was just "substantially less favorable."

    We've also covered the topic of insubordination. It's not always misconduct. When you get hired for a job, you agree to do a set of duties for an amount of money amongst other things. When the employer attempts to change that, and you tell them, "no," it's NOT misconduct because there was never any agreement that you'd ever perform that type of work.

    The promotion to a manager may very well be unsuitable for this person or may not meet the prevailing conditions of work for that type of work.
  • 08-07-2015, 03:20 PM
    eerelations
    Re: Can an Employer Get Fired if Refuse Promotion
    "Substantially less favorable" is a far cry from "offered a promotion."
  • 08-07-2015, 03:34 PM
    chyvan
    Re: Can an Employer Get Fired if Refuse Promotion
    Sounds like it could be or the OP wouldn't be posting. I once was offered a "promotion." The guy leaving the job was making $70K/yr. They wanted me to do the job with no increase in pay, and I was making only $51K at the time. It very well could be "substantially less favorable" even though they're trying to make it sound like they're doing her a favor.
  • 08-07-2015, 04:06 PM
    Mr. Knowitall
    Re: Can an Employer Get Fired if Refuse Promotion
    "Substantially less favorable" is statutorily defined as "the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality". Tex. Lab. Code, Sec. 207(b)(2). A theoretical scenario in which the predecessor earned substantially more than the employee might be the start of a case for the lower wages making the new position "substantially less favorable," but unless the job is somehow unique to that employer a proper analysis will look at what other employers in the locality are paying for similar work.

    You don't have to be insubordinate to lose unemployment eligibility over refusing a promotion, absent very unusual circumstances such as the one to which you allude.
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