• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Denying a demotion

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Feeny511

Member
What is the name of your state (only U.S. law)? MA

I am a sales rep which requires a lot of driving. My job runs a motor vehicle check every year. I have been here two and a half years. I had six points when hired. I had 8 points when they just checked it. I was told I am not allowed to drive for the company anymore. I am appealing an accident that says I was at fault, which will take 8 to 9 months to get a court date. My manager told the staff that I was done here. That's none of there business as I am still here. Would I qualify for unemployment and if they offer me a demotion and I deny it will I still qualify for unemployment.
 


pattytx

Senior Member
Of course, it's "none of their business" WHY you no longer have that job, but the boss/employer did nothing illegal by telling them.

At this point, you do not meet one of the essential requirements for your job. If you refuse to take a demotion to a position you DO meet the criteria for, expect to be denied unemployment benefits.
 

Feeny511

Member
The demotion they will offer requires a clean driving record but they can pair me with someone else who can drive and it is a big pay cut.
Any responses would be appreciated
 

pattytx

Senior Member
Obviously the OP didn't like my answer.:rolleyes:

Of course it's going to be a big pay cut if they have to provide you with a driver.
 

Feeny511

Member
I am a sales rep for a home cleaning company the job they would offer me is as one of the cleaners, I would be put in a team with someone else who would be driving. So its a completly different job than what I have been doing the past 2 1/2 years.
Sorry if I came off wrong but I do appreciate your responses pattytx
just wondering what is going to happen my managers are not in the office for a couple days so I have not heard anything else on my situation
 

eerelations

Senior Member
As pattytx has already told you, if you turn down this new job, you will be denied UI benefits.

I don't see how that's so hard to understand.
 

Mass_Shyster

Senior Member
I am a sales rep for a home cleaning company the job they would offer me is as one of the cleaners, I would be put in a team with someone else who would be driving. So its a completly different job than what I have been doing the past 2 1/2 years.
Sorry if I came off wrong but I do appreciate your responses pattytx
just wondering what is going to happen my managers are not in the office for a couple days so I have not heard anything else on my situation
Your employer is free to put whatever requirements they wish on your job, unless they are based on a protected class (ie, illegal discrimination). Requiring a perfect driving record for a driver is a reasonable restriction. Someone with a clean driving record is statisticly less likely to get into an accident that could cost the company money.

They would also be justified telling the unemployment office that you turned down work.

If you look around at the lack of available employment, you may be grateful for the work offered.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top