Position eliminated/demoted

[tess590]

What is the name of your state? TX

I lived in Arkansas when I was hired for a management position in Texas, my family decided to move to Texas based on the premise that I had this job at this rate of pay. My emoployer is cutting costs and has decided to hire a new Administrator and is revolving my position into a Team Leader position with an approximate pay cut of $30,000 per year. I have been given the option of staying at the reduced salary which I obviously cannot do. Do I have any legal recourse? What about a Severance Package? I know they are not looking to provide one. I quit a job of 14 years and moved my life here to Texas based on our employment agreement.

Thank you in advance for you advice

 

[cbg]

How long ago did you move?

 

[tess590]

April, 2004

 

[cbg]

Unless you have a bona fide, enforceable contract that guarantees that you will be able to stay in that job for a specific length of time, no, you do not have any recourse. They cannot be expected to know everything that might happen 15 months in advance and are permitted to make changes to their staffing arrangments as business needs require. It would be one thing if they'd moved you out here last month but they can't be expected to know more than a year in advance what their business needs are going to be.

They are not under any legal obligation to provide you with severance. It would be a nice thing for them to do but again, unless you have it guaranteed to you by contract they don't have to.

 

[tess590]

Thanks! So, if I decline the revised position at the significantly lower salary, I suppose I am thereby resigning my position, right? If so, how does this effect my ability to file for unemployment if necessary?

thanks

P.S. It may not be illegal but it certainly does stinks that they can reduce my salary/change my position in order to make up the difference for the Administrator they are hiring.

 

[cbg]

Yes, if you decline the new position you are essentially resigning. However, there are some states where if the difference in position is significant enough, you may qualify for benefits anyway. You will have to check with the Texas UI office to see if you will be eligilble.