Legal Question in Employment Law in California

Hw to respond for a demotion
I worked for my company for the last 6 years, and almost a month ago my manager told me that my position will be elimnated due the budget problem they have. Yesterday, they transfered me to another department. The new position they gave me in this new department is very low and involves in physical job. It is an outright demotion when I compare it to my original job. It seems to me that they wanted me to leave with my initiative rather than they lay me off. Now, I don't want to resign by myself because I want to apply for unemployment. I don't know how to respond. And also I would like to end the employment in a good terms. I do not care if they lay me off but I am not willing to resign willingly. Is there any advice you will give me how to handle my situation peacefuly?

Asked on 3/30/04, 4:57 pm

3 Answers from Attorneys

Alden Knisbacher knisbacher law offices

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Re: Hw to respond for a demotion

Initially, you should look at discrimination -- are you over 40, a minority, etc.? Who took over your job? Why in a manual labor position -- are there other jobs you could do? You might apply for them. . . Do you have any physical issues that impair your ability to do the work. . . does the company operate in an unsafe manner. . . there are many ways to address the issue, but many unknowns to your situation. If you're going to leave the company and they've done illegal things, you want to firm up your negotiating position while still employed, in case you later threaten a lawsuit, or file one, to get them to compensate you. . .

Answered on 3/30/04, 10:26 pm

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Thomas Pavone Pavone & Cohen

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Re: Hw to respond for a demotion

You may be eligible for unemployment compensation if you resign "with good cause". Good cause may include a demotion and a reduction in pay. Before taking any action you should seek counsel from an attorney famillar with unemployment insurance law.

Answered on 3/30/04, 6:19 pm

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