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My boss is demoting me, did not give me a reason, have not…

My boss is demoting...

My boss is demoting me, did not give me a reason, have not had any prior issues/warnings, and they're in no hurry to have the meeting with HR. If I quit can I draw unemployment?

Lawyer's Assistant: Have you discussed the demotion with a manager or HR? Or with a lawyer?

I responded with an email asking for specifics and requesting a meeting date with them sooner rather than later. The meeting hasn't been set up yer and most likely won't until the end of the month or in July after the new fiscal year begins. Boss just sent me a new schedule which puts me going to two new locations, one double my travel distance but less than 100 miles one way.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes, sadly KY is an at-will state.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The only thing boss told me when they emailed about a demotion was that I was "improper with procedures and protocol" but I have emails showing I wasn't/she didn't answer at the time of the issue in question back in NOVEMBER

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Answered in 4 minutes by:
6/7/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,549
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

It might be possible to quit and collect unemployment but you would have to show that the news terms of employment were so unacceptable that no reasonable person would accept them. This is difficult to establish and since benefits are granted on a case by case basis you have no guarantee that you will be approved. In general, the far better approach is to accept the demotion and immediately begin looking for new work, quitting only once you've secured an offer somewhere else. This way there is no chance that you will find yourself unemployed and denied benefits with no way to support yourself. It will also be EASIER to find a job while you are still employed since employers like hiring people perceived to be "in demand." Despite the demotion, you will likely also still be taking in more money than if you collected unemployment since unemployment only pays a fraction of your previous wages in benefits.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

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Customer reply replied 2 months ago
Thank you. I do have another question. My schedule has me set to being off on Fridays that way I can schedule dr appts on that day since I have lupus. What if the boss tries to alter that?

You are entitled to reasonable accommodations. What is "reasonable" is what does not impose undue hardship on your employer. If the appointments could be scheduled on another day you would not have grounds to demand Fridays off as an accommodation. Likewise, if continuing to allow Fridays off would result in significant inconvenience of expense for your employer, they are not required to allow it as an accommodation. Ultimately you would have to file a complaint with the EEOC to have them investigate a possible failure to reasonably accommodate you.

I hope this helps.

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Was there anything else I can do for you before we wrap up here?

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Are you still with me?

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Customer reply replied 2 months ago
is there a time limit to when HR has to have this meeting regarding why I'm being demoted?

Unfortunately, no, there is no time limit as this is not a situation which the law governs.

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Customer reply replied 2 months ago
That figures.

I wish I had better news. Was there anything else I can do for you?

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Customer reply replied 2 months ago
Afraid not, if this wasn't in one of those several at-will states, this would be different wouldn't it?

Every state is an "at will" state except Montana. Even in Montana employers retain vast discretion over how to manage their business and the answer probably would still be the same here. It's just the nature of employment, I'm afraid to say.

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I am still here if there is anything else I can do before we wrap up. Just let me know....

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Customer reply replied 2 months ago
I have nothing else. Thank you.

Did we lose our connection?

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,549
Experience: Significant experience in all areas of employment law.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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