Can my employer force me to take a lower position and not offer unemployment if I don't accept?

I left my job of 12yrs and pursued a new opportunity. I started my new position in 06/07 - a major life decision for me. When I was hired, my manager had recruited me, told me the dept. was growing, and that the company had excellent opportunities for advancement and to build a career. At the time of the switch, I was also 6.5 months pregnant.

I took the position, started training, & began to perform my duties. Now, just 2.5 months later, they announced that they are reorganizing and that some will terminated and others will be re-assigned. I was reassigned.

The new position is going door-to-door selling products and is definitely a step down. I was in a 2nd level manager at my old job, 1st level at the new job - where I was an account executive for about 22 retail locations. I have been told that I can either take the position or that I am basically resigning. And to top it off, they told me this on my due date! No unemployment is available.

Is this fair? Can I take action?

Tom

Can they do that with a 9-month pregnant woman is more the question.

Take the position, go on maternity leave and spend whatever part of it you can looking elsewhere.

Landlord

Since they are not laying you off there is no unemployment due you if you decide to quit.

They are being more then fair, they are doing what they can to keep you on payroll despite the need to downsize.

Judy

It might depend on how big a pay cut you had to take with the reassignment. You could see if anyone at your unemployment office would talk to you about it, but they probably won't as long as you are still employed there.

Basically, emploiyers have the right to reassign workers, even to lower jobs, and to cut pay. If they cut your pay say in half and you quit, the uc people might consider that you quit for a valid reason - they might not though, and the kicker is that you won't know for sure until AFTER you had resigned and applied for unemployment.

The company doesn't "offer" the unemployment, the state does. Although the company does get to say why they think you shouldn't be eligible, the state people will actually make the decision.

Expert Realtor

I would stay the new job until your baby is born, that way you'll qualify for maternity leave and have your insurance cover the birth...you MUST return to work at least one full day...be looking for another job while you are on maternity leave and then once you are back one day, the next day, walk in and resign.

Yes, they can change your position and even your pay. It's very difficult to prove pregnancy descrimination unless there is someone else either pregnant or on short-term disability that they are treating differently as well.

Mel

Because it appears that this reorg is affecting employees at all levels in a variety of departments, it is probably legal. If they were only demoting you, or only pregnant women (or even only women), for example, you might have a discrimination case.

A company can legally transfer, demote, or change pay without notice or cause, as long as it doesn't discriminate against a particular employee or class of employees while doing so.

Your only recourse might be if you relocated to take the new job, since they would have essentially lured you to a new area with false promises and you would have sustained a material loss (cost of buying a new home/renting a new apt, moving costs, etc.) If this is the case, consult an employment law attorney in your area.

Sorry.....best of luck with your new addition.

njsueb

In New Jersey, I've seen the same happen in a very large organization........kind of take it or leave it.

Take it and start looking elsewhere!

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