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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I'm trying to find out what happens if I 't accept a forced

Customer Question

I'm trying to find out what happens if I don't accept a forced demotion
Submitted: 9 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 9 months ago.

Thank you for your question. I am a licensed New Jersey professional and will be happy to assist you with your concerns.

What happens is based on your employment agreement if you have one. If you are 'at-will', meaning that you are not under contract, an employer could discipline or even terminate your employment outright. If there is no cause to the termination, since refusing to be demoted without an outside reason is generally not a basis for termination 'for cause', you would be eligible for state unemployment if you obtained enough benefits while employed for this entity. Now, if there is a basis for why you were being forced to take a demotion, then if terminated you would not have a basis for benefits. Please permit me to illustrate with 2 examples below.

1. In this situation the company is going through hard times and the employer demands that you take a 20% pay cut and/or less hours. Since you didn't do anything inherently wrong, and can refuse demotion, and if you are terminated you can be eligible for unemployment.

2. In this situation you were repeatedly warned for being late or for not coming in and the employer demands that you take a 20% pay cut and/or less hours. Since here you violated terms of employment, if the employer terminates, he can claim that it was 'for cause' and you are not eligible for benefits.

Hope that helps clarify.


Dimitry, Esq.