Legal Question in Employment Law in Florida
Employer/Employee
I have been employed with this company for 6+ yrs. I do a 40+ an hour a week job in 30 hrs due to caring for my sick, elderly mother and 2 disabled brothers.
This week I was given 3 choices 1-accept FT job offer doing everything I do now plus added responsibilities with no pay raise. 2- Accept a transfer. 3- Be terminated for refusal of 1 or 2.
I grudgingly told them I will take the job but only if I can start in June (after I get back from vacation). They said they will let me know if that is acceptable with the departments manager.
Please note, no one knows how to do my current job, not even the department manager.
My question(s); If they refuse to wait but offer me a transfer instead, can I refuse to train the person who is forcing me out of my current position? Can they fire me that? If so, can they refuse to pay Unemployment benefits?
1 Answer from Attorneys
Re: Employer/Employee
If you refuse to train your replacement your employer would most likely view this as insubordination which many employers use as grounds for termination. If you are terminated, your employer might then argue that you were terminated for misconduct and it would be up to the unemployment agency to decide if you will get your benefits.