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  1. #1
    Join Date
    Feb 2011
    Posts
    6

    Default Remedies if Disciplined or Fired After My Vehicle Breaks Down

    My question involves unemployment benefits for the state of: NY

    I have been employed for 4+ years with my currant job. I work for a cable contractor and am required to have my own vehicle to work day to day. I work in my truck all day long. For the last 2 years I have been management, traveling around the east coast 75% of the year. 3 weeks on the road, 1 week home working in my local system. I drive 65000+ miles a year.

    I recently blew the motor in my truck, and I am unable to afford to fix it. When I reported my vehicle being broke down, they wrote me up the following day for 2 incidents that happened 3 and 6 days prior to my truck breaking down. I signed the write ups (stating that i thought they were punishment for my truck problems). I asked them for advice or if they could help me out financially. After asking for help there reply to me was a demotion out of management. They stated if they helped me they would have to help everyone. They have in the past helped non management out, but were unwilling to help me. I have no credit left, have defaulted on a loan and have creditors after me. My other truck,now also has a blown motor and im still making payments. Both of these were purchased strictly to have transportation to work. Now I have no money and no means to repair or purchase another truck to continue my employment. My employer has used me for everything, and now that I cant work they are in the stages of firing me.

    I think they are going to fire me for not having a truck which is a requirement of the job, or they are going to use the BS write ups to fire me for misconduct.

    They are deffinently posturing themselves for a unemployment case.

    Is this a case were UI Benifits could quilfy for me? I have no means to repair my truck, and am really at a loss on what to do.

    In the past the company has lost UI cases due to Techs not being able to work due to vehicle accidents that rendered there vehicles useless.

    Also really wondering if they wrote me up them last times to fire me for misconduct. I think that will be there aveanue but I am unsure.

    After they demoted me from managment, they let me use my PTO to try and get a vehicle figured out. Which is where i am now, I have been on PTO Tue - Sat. As of Monday I am not making any wages.

    When they demoted me from Management to Technician this week, they told me I will now reports to a new boss who is in charge of my local home area. After speaking to him, he stated he has to think about what he wants to do for his system. He stated to call him Monday and he will let me know what he has decided. It will be one of 3 things IMO.

    1. Fired / Let go - No Vehicle

    2. He will not let me return as a Technician and say its due to Misconduct in my last Position (altho i was promoted because i excelled at a tech and did great work)

    3. Place me on leave of absense (Is this a option or do i have to take it)

    I am really at a loss on what to do. The company is playing a game of chess with me and im not liking it. They are not replying to any emails, only comutting over the phone. They are intentionally doing this over the phone and not leaving a trail and delaying there moves as they research there options with there HR department.

    Any advice would be great i am lost.

  2. #2
    Join Date
    Feb 2011
    Posts
    6

    Default Demotion / Firing

    My question involves labor and employment law for the state of: NY

    If my employer tells me im being demoted from management due to performance and Im returning to the field as a Technician. Can they in turn not allow me to return as a tech due to a different boss being in that department.

    I guess what I am getting at is

    If my Boss (dir of ops) decided to demote me out of Management and tells me Im going to be a Tech in the Field, can my new boss now fire me due to the same thing i was demoted for?

    Why was i not fired out right? Why would they demote me only to not allow me to even return as a tech?

    My performance as a Tech was what got me my job as management, because i excelled.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,076

    Default Re: Demotion / Firing

    If my Boss (dir of ops) decided to demote me out of Management and tells me Im going to be a Tech in the Field, can my new boss now fire me due to the same thing i was demoted for? Yes.

    Why was i not fired out right? How would we know?

    Why would they demote me only to not allow me to even return as a tech? Haven't the faintest idea.

    But there's nothing illegal about it.

  4. #4
    Join Date
    Feb 2011
    Posts
    6

    Default Re: Demotion / Firing

    This is more of the story. May help.

    I think the whole demotion thing, is there was of dealing with my truck problem.

    I think now they are going to wait, and say im not allowed to return due to misconduct and avoid possiblaly paying UI benifits for a broke down truck.

    http://www.expertlaw.com/forums/showthread.php?t=115290

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,627

    Default Re: Demotion / Firing

    When employers demote/change job titles of employees then fire them, it's usually to get the employee to a lower wage paying job. Why? Less money they need to pay out in a severance package - less money to pay to unemployment benefits - less money to pay out for unused vacation time... It's a money saving factor for the employer.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,076

    Default Re: Demotion / Firing

    Correction; unemployment is not based on the employee's current wage, but on the total wages paid during the base period. Severance is not required by law and if it is offered there are no laws requiring that it be paid on the current wage. Vacation is not unconditionally due in the poster's state, but even if it is due, the savings would be minimal. So I suspect there is more to it than that.

  7. #7
    Join Date
    Feb 2011
    Posts
    6

    Default Re: Demotion / Firing

    It all came the following morning after vehicle problems

    There is no severance here.
    They let me use my PTO this week, and i believe it was optional to them.

    As if monday I may or may not even be allowed to work as a tech (on there part), and that was if my truck even worked. (my truck is broke, im unable to afford to repair)

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,076

    Default Re: Demotion / Firing

    Nothing has changed the answer. It is legal to demote you. If you are termed, that is legal too.

    Since a requirement of unemployment is that you be available for work and able to work if it is offered, I'm not sure you'll qualify for UI no matter what the employer does about it. Not having transportation is not usually a qualifying reason to collect.

  9. #9
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,627

    Default Re: Demotion / Firing

    Quote Quoting cbg
    View Post
    I'm not sure you'll qualify for UI no matter what the employer does about it. Not having transportation is not usually a qualifying reason to collect.


    Right, because the state see's that the company has work for you, but you have no way of completing it.

    Maybe they demoted you from management because management isn't required to have a vehicle when a tech is?

  10. #10
    Join Date
    Feb 2011
    Posts
    6

    Default Re: Demotion / Firing

    well i think this is all a stance to avoid ui

    they have all ready lost cases due to techs being unable to work due to no vehicle.
    difference being a accident, not a motor failure

    both positions require vehicle

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