Refuse to sign in to a new role

[mmharris]

Hello,

My company has gone through lay offs and restructuring. They are now having everyone sign an updated job description. I have volunteered to be laid off if there are budget cuts and have requested for equal severance from the previous lay off but has been denied. I was asked to still take on the new role temporarily with a fixed termination date.

If I do not want to take the temporary role and refuse to sign into this temporary role, is this considered a resignation on my part (employee terminating at will) or employer termination (fire)?

I was hoping that it can be employer termination so that it would help me qualify for unemployment?

Thank you in advance,
Mike
from WA State

 

[Zigner]

Are you asking if you can refuse to work and have it considered an involuntary termination?

 

[eerelations]

This would be a resignation, by anyone's definition of the word. You will not be entitled to UI benefits, for two reasons:

1. you resigned; and
2. you turned down an offer of continued employment.

And please note (although you didn't actually ask about this), employers are not legally obliged to honour employees' requests to be laid off. Who is laid off and who isn't is entirely up to the employer.

 

[cbg]

If I do not want to take the temporary role and refuse to sign into this temporary role, is this considered a resignation on my part (employee terminating at will) Yes

or employer termination (fire)? No

 

[LdiJ]

If I do not want to take the temporary role and refuse to sign into this temporary role, is this considered a resignation on my part (employee terminating at will) Yes

or employer termination (fire)? No

Would it still be such if a drastic reduction in salary accompanied the change in role?

 

[commentator]

The only questions I have are How dramatic is this change in work roles? and Is there any change in compensation along with the new job role?

For example, if you were formerly an accountant, and they want you to take on a new role as the janitor, or if you were formerly making $18 an hour, but the new job is for $9 an hour, this is the type of job you may not want to accept, even for a few months. You may want to go ahead and voluntarily quit and file for unemployment. If you had a valid, job related reason to quit, you still can be approved for unemployment. Voluntary quit isn't 100% guaranteed to keep you from receiving unemployment benefits.

If an employer makes a blatant offer of a lesser status/type/outside your field job in an effort to get rid of you, or dramatically reduces your compensation in an effort to encourage you to voluntarily quit, this will probably not disqualify you for unemployment benefits.

A small change in job description, with the assumption that you will probably be laid off at some point later isn't likely to be that. Why not work and make as much as you can before you begin unemployment benefits, which will probably be a lot less than what you could be making while working.

And many companies allow people to volunteer for lay offs. Some people really would enjoy the time off immediately, and some people are financially stressed and would like to keep working up to the last possible minute. Why not allow the employees to let you know how they feel about this, if lay offs are inevitable anyhow?

 

[cbg]

Would it still be such if a drastic reduction in salary accompanied the change in role?

Yes.

A change in salary might make a difference as to whether the unemployment office considered it good cause to quit and collect, but it would still be a quit.

 

[mmharris]

To answer the question of:

How dramatic is this change in work roles? and Is there any change in compensation along with the new job role?

There is no change in compensation.

I was moved from product management to sales and there is little carry over from the previous role so from a job function standpoint relatively drastic. I would not say it is drastic though as accountant to janitor.

Thanks!
Mike

 

[mmharris]

Thank you for all your answers, this has certainly helped clarify this matter!

I did have a follow up question.

I will likely comply and take the temporary assignment.

Part of the reason why I volunteered to leave was there has been a change in new leadership and I have had repeated friction with the new CEO.

There has been several sessions over the course of 2 months where I've been yelled, cussing has been involved and I've felt threatened. He has told me that he's had a difficult time finding a role for me in a very aggressive tone and went as far as to say that "if I was a cat, I am on my 9th life."

This is likely a long shot but should I consider hiring a lawyer to use this as leverage to see if I can get a severance? I understand that companies typically give severance to get employees to sign that they will not file any lawsuits with the company going forward.

I'm trying to see what all of my options are and appreciate any input. Thank you,

Mike

 

[Zigner]

Thank you for all your answers, this has certainly helped clarify this matter!

I did have a follow up question.

I will likely comply and take the temporary assignment.

Part of the reason why I volunteered to leave was there has been a change in new leadership and I have had repeated friction with the new CEO.

There has been several sessions over the course of 2 months where I've been yelled, cussing has been involved and I've felt threatened. He has told me that he's had a difficult time finding a role for me in a very aggressive tone and went as far as to say that "if I was a cat, I am on my 9th life."

This is likely a long shot but should I consider hiring a lawyer to use this as leverage to see if I can get a severance? I understand that companies typically give severance to get employees to sign that they will not file any lawsuits with the company going forward.

I'm trying to see what all of my options are and appreciate any input. Thank you,

Mike

You have no right to severance. I would be willing to bet that your threat of an attorney will backfire.

 

[commentator]

Me too. There's nothing illegal in giving someone a hard time, even making it uncomfortable enough to force them to quit, or make them want to quit. And severance isn't required unless it is contractual. There's nothing here to scare them with.

 

[cbg]

Concur. You have no leverage and no right to severance. A lawyer isn't going to scare them, because they're not doing illegal, and since it would be something like going after a mosquito with a bazooka, it most likely won't work out the way you anticipate.

 

[eerelations]

I understand that companies typically give severance to get employees to sign that they will not file any lawsuits with the company going forward.

If your understanding was correct that would mean that all those millions and millions of former employees who'd received severance pay had been legally wronged by their former employers (because, as I'm sure you know, employees cannot sue their employers unless said employers have done something illegal to them).

Companies offer severance pay to departing employees because they (the companies) are nice and want to maintain an image of playing fair to people. They require releases to be signed because hey! That's also only fair, I give you big $, it's only right you promise not to cause me any legal trouble!