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?
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You would like information about severance pay. Is that correct?
I see that you are dealing with a demotion and are considering voluntary termination and requesting severance pay.
I will assume this situation does not involve an employment contract.
I am not willing to take the demotion. Does that make it voluntary?
It really does not matter if a termination is a voluntary or not for purposes of severance pay.
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.
Employers will sometimes offer severance for no reason out of good will, but there is no requirement for such pay.
Ok I understand. If they do not offer severance, do I still get paid for accrued paid time off?
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.
What state is the work in?
If an employer has a policy to pay accrued leave benefits, they are obligated to follow that policy.
For most jobs, employees do receive vacation pay for accrued vacation leave.
It is important to look at the employment policies.
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Thank you again
Please let me know if you have any problems with the rating system as a customer had such issues earlier.
i will, thanks
Government and private sector employment law experience
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