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Quitting in reason of 25% pay cut and accusations

by Franco Alvarez

(NY)

I have worked for a company for 11 years(NY). During that time I observed a lot of things which made me wounder. About a month ago I was indirectly accused not doing my job, despite of my hard work, dedication, overtime hours, not taking vacation for 8 years, coming sick to work and barely taking personals, and not claiming any benefits including hospitality. I didn’t slow down after incident, but otherwise tried to satisfy management. Few days after another incident occurred I was accused that I don’t do my job right. Next day during a short meeting we were announced that company doesn’t generate enough income (which is not a true)and everybody will be getting 25% pay cut and hours accordingly. On a top of this a management decided to relocate office. We were told that who is not happy with a decision regarding a pay may write a resignation letter which will be “understandably” accepted. During 20 days after first incident occurred I was pressured that I’m not finishing my job on-time, or it is not done and all accusation and mental pressure she my ex-boss could come up with. Then I was personally told that I have to generate amount of billable hours which for time of the year are unreasonable. And despite I tried to work out by asking for more efficient work that company could benefit I was accused having an “aptitudo”. So pressure after pressure…during a month. My final decision to quit was after another accusation and I know it was a trick and this was a performance to get rid of unwanted employee which already happened in the past. I could not take any longer my health is my more valuable. My question is, would my action will be considered reasonable quitting or not?

Hi,

The 25 percent pay cut may be good cause as long as you didn’t continue working so long after the cut to be seen as accepting of the “substantial change to the terms and condition of further employment.

But for goodness sake, focus on what is the viable argument because that is what’s related to the actions of the employer not the other stuff an employer has the right to reasonably expect of an employee. Becoming a passive-aggressive employee to show disapproval of unreasonable demands an employer may make is unhealthy all the way around.

Additionally, when an employer moves the location of the business .. that may also (depending on the total the additional distance may tack on to travel and cost to get to work) be good cause to quit. Only, because when an employer moves a business too far .. it is a change to the original terms and conditions which might make the quit become attributable to the employer and beyond your ability to control or preserve the employment. The same logic would apply to the implications of a substantial reduction in pay.

NY Interpretations For Employer Violations of Terms and Conditions of Employment.

So yes, it’s possible, you might be able to prove good cause, but right now .. you need to narrow your focus to reasons that have a valid argument to the law .. not the legally irrelevant feelings you were experiencing at the time you quit. The law doesn’t care how you feel, only what you can prove.

Chris

Comments for Quitting in reason of 25% pay cut and accusations

Jun 21, 2013 Quitting in reason of 25% pay cut and accusations

by: Franco Alvarez


Thank you for a reply. I absolutely agree with an answer and nothing an employee can do when “savvy” employer with assistance of buddies lawyers creates an environment where an employer can get away clean from the mess created. On the other hand, an honest employee being pressured mentally until certain point where a psychological attack wins and average Joe gonna have no choice but to quit. I believe this case is not a unique. The law requires an evidence, of course no one can be accused w/o. An “educated” employers have a “backdoor” and know the rules how to speculate the situation. IMHO, don’t be dedicated, it is not your company, despite they say OURs, no its theirs forever will be! No one will remember your good work anyway, until it will be “under covered boss”, but common in the company of 25?! A lesson learnt. There is a point of whole story – be fired! don’t quit even if you have a nightmares, loosing your mind, being spit in the face, and insulted. You have no evidence. No one cares about you and your family basically you could be only protected when fall flat on the ground and being kicked in the precious organ. Thank you for an advice this is gonna be very helpful, theoretically I narrowly escaped to be kicked twice, sad!


Sep 18, 2013 Re: quitting due to 25% pay cut

by: Leo


Hi,

I was reading your comments on the reasons for quitting that would qualify as reasonable.

I was previously on unemployment, in 2012 and landed a job at a law firm were I had previously worked in the past. My initial experience here at this firm was ok, except I left for more money and returned because my unemployment was due to run out in December of 2012.

After working here for 6-7 months (about 2 months ago – July 2013) the law firm I work for told us we were not making enough money and that everyone’s wage would be cut by 25%. I initially thought of quitting but due to the fear of not qualifying for unemployment and a sluggish job market I held off on quitting. However, after 2 months of cut wages, and an increased job responsibilities I am wondering if I made the wrong choice. Please any advice would help.

Reduction of pay with increased job responsibilities has been one of those question that requires more information than I usually receive to advise someone they have good cause to quit.

The search bar should produce a whole lot of different scenarios on the subject however.

And if you would be collecting from a state that has a precedent manual .. that might help because the percentage thresholds vary, depending on which state.


Sep 24, 2013 NYSDOL qualified 25% as a reason to quit

by: F. Alvarez


I was qualified for NYS unemployment. I believe success was due to advice Chris posted on my question, so please follow it. I had no choice but to leave because of an atmosphere was unbearable for working environment and 25% pay cut was just like “a stab in the back”. But my advice would be look for something if a situation is not disastrous while working, job market really not pretty out there.

Good advice! Find a job before quitting to avoid unemployment altogether!!

Chris


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