Search This Site.

If I Don't Take a Demotion Can I Still Receive Unemployment?

My New York State employer has offered me a demotion that will significantly change my job. instead of firing me.

After 20+ years I'm being demoted because of work performance. No paper trail at all that I have ever performed badly.

You will probably find your answer here.

But, I would like to add that if you quit, it would be a quit in lieu of discharge if it's an either or, proposition.

Technically speaking, or quasi-law speaking a quit in lieu of being discharged still puts the burden of proof of misconduct on the employer.

That is .. as long as you don't take on the burden of proving good cause to quit by writing a glowing resignation letter.

Resignation letter are, aside from your last chance to thank everyone .. a document. You have the ability to render it useless to an employer as evidence you voluntarily resigned by stating succinctly, the real reason and possibly, a well worded objection (as if testifying already) to why you are leaving.

And that .. is because you were told .. take the demotion for poor performance or we're going to fire you .. because we don't need good cause to terminate at-will employees.

Of course, some might think of changing an employer's tune by leveraging an employee right having to do with one of the protected classes of employees that can be discriminated against .. let's say .. maybe age discrimination?

It's not revenge, but if one can play the game thinking you're just ignorant of what protect you.. why not give an employer pause about the possibility of what they really fear .. getting caught .. stomping all over employees rights and facing an even worse financial liability .. we will just refer to as an employment attorneys hourly fee to combat EEOC complaints and the like.

Click here to post comments

Return to New York State Unemployment Benefits Questions.

} }