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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57389
Experience:  Licensed attorney helping employers and employees.
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I have an employee that is a department manager that is consistently

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I have an employee that is a department manager that is consistently late for her scheduled shift. We wrote her up once and instead of signing in she just wrote ok. We have talked with her again and we wrote her up again and she refused to sign it. She is also not doing her job as a manager.
two questions: I do have a general manager that has witnessed her not signing the reprimand. She also continues to be late. I just want to make sure she doesn't have a unemployment benefit case?
It is sad because she is a pretty good employee with some good traits. She is just not a manager. We are thinking about offering her a regular sales position if she could fix the tardiness...which I do not believe she will. If I offer her a sales position making less money than she makes now but still in the $425 a week range...she can't file under employment for that could she?
Hello, you may terminate due to employee misconduct. Given the reason a claim for benefits may be contested and should conclude in a decision for the employer since the termination is for cause. If you demote at same pay employee also would not qualify for benefits if leaves since demotion is for cause.
Good luck
Customer: replied 3 years ago.

She makes an hourly wage plus a % of all of the departmental sales...she would no longer receive the % of departmental sales just spiffs on what she sells.. if she takes the position.


Even if we changed her hourly rate with the demotion, she would still make about $400 a week plus sales spiffs. That is more than the weekly allowance of unemployment.

She would have no basis for complaint and her income not materially affected. Even if her pay was affected, you have a right to reduce under the circumstances. It is within your discretion and employee must accept it or move on. Good luck. Kindly click on a positive rating for the answer.
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