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I was just informed today that I am to accept a demotion within

 
AttorneyJohnJ's Avatar
  • Answered by:AttorneyJohnJ
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Customer Question

I was just informed today that I am to accept a demotion within my company, or I will be terminated. I am a Plant Superintendant and being offered a Supervisor position at a different plant which is a demotion. The grounds for my demotion is that the management team below me said I didn't support them enough in their roles. I am to meet with HR tomorrow morning, my question is in regards XXXXX XXXXX? I don't want to "quit" and not get severance. Since I am unwilling to accept a demotion, what do I say to HR to get severance?

Submitted: 330 days and 21 hours ago.
Category: Employment Law
Value: $68
Status: CLOSED

Accepted Answer

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Expert:  AttorneyJohnJ replied 330 days and 21 hours ago.


AttorneyJohnJ :

Hello, I am a professional here to assist you. I appreciate your use of this service.

AttorneyJohnJ :

Hello

AttorneyJohnJ :

It appears that you have joined me

Customer :
AttorneyJohnJ :

You would like information about severance pay. Is that correct?

Customer :

hello

Customer :

yes

AttorneyJohnJ :

I see that you are dealing with a demotion and are considering voluntary termination and requesting severance pay.

AttorneyJohnJ :

I will assume this situation does not involve an employment contract.

Customer :

I am not willing to take the demotion. Does that make it voluntary?

Customer :

It doesn't

AttorneyJohnJ :

It really does not matter if a termination is a voluntary or not for purposes of severance pay.

Customer :

ok

AttorneyJohnJ :

Severance pay is a voluntary payment made to employees typically in exchange for the employee agreeing to enter into an agreement waiving civil recourse or agreeing to a non-compete agreement.

AttorneyJohnJ :

Employers will sometimes offer severance for no reason out of good will, but there is no requirement for such pay.

Customer :

Ok I understand. If they do not offer severance, do I still get paid for accrued paid time off?

AttorneyJohnJ :

When an employee negotiates for severance pay the first consideration is whether the employee is signing a severance agreement, what rights are being waived, and whether the employee feels there is value in those rights given the termination.

AttorneyJohnJ :

What state is the work in?

Customer :

Pennsylvania

AttorneyJohnJ :

Ok

AttorneyJohnJ :

If an employer has a policy to pay accrued leave benefits, they are obligated to follow that policy.

AttorneyJohnJ :

For most jobs, employees do receive vacation pay for accrued vacation leave.

AttorneyJohnJ :

It is important to look at the employment policies.

AttorneyJohnJ :

Do you have any other questions?

Customer :

ok thanks

AttorneyJohnJ :

If not, I hope that you will be so kind as to leave me a positive rating to ensure that I am credited with assisting you.

AttorneyJohnJ :

Thank you again

AttorneyJohnJ :

Please let me know if you have any problems with the rating system as a customer had such issues earlier.

Customer :

i will, thanks

Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 97.1 %
Accepts: 2434
Answered: 6/19/2012

Experience: Government and private sector employment law experience

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Expert:  AttorneyJohnJ replied 330 days and 21 hours ago.

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