Trouble looming

[EmilyP]

What is the name of your state?What is the name of your state? NJ (Live and Work)

Three months ago, I took a sales job in NJ with a Japanese machine tool company (North American HQ in Irving, TX). My offer letter reflected the requisite detail for my position, my salary $72k and the location I was to report for my new job - NJ.

2-weeks ago I was informed that I was being moved into another department - still sales, but different division. They went on to tell me that I will need to move to Chicago and take a pay reduction of nearly $20k - thereby reducing my salary to approximately $52k.

I can sense that the company is trying to create such a situation that they expect me to quit. While they have not come out and said anything, the President of the division repeats to me often that "there just seems to be too many things to overcome." I maintain my positivity by stating "I can make this work." He responds, "I just don't know."

Do I have any recourse regarding the salary cut? Would I have any recourse should they dismiss me?

 

[JackieW999]

I don't see any legal ramifications, but if they are requiring you to move to another state to keep your job and you quit because of that, I would say that's a really good cause for quitting and I'm 95% sure you would be able to collect unemployment while you are looking for another position.

Maybe you should tell them that you can't move and see what their next offer is?

 

[Beth3]

Do I have any recourse regarding the salary cut? No. Your employer is free to change the terms of your employment. Your recourse is to find another job if you're not happy with the situation.

Would I have any recourse should they dismiss me? No. Your employer hasn't done anything unlawful.

You're in a lousy situation but no laws have been violated. Good luck.

 

[cbg]

I am less certain than Jackie that you will receive unemployment if you quit to avoid moving. Only about six or seven states will grant unemployment if you quit because your spouse has been transferred; refusing work because it involves a move isn't necessarily going to fly.

The exact circumstances matter and so does state law, but before I decided to refuse a transfer, I'd run the situation past the state UI office and see what they have to say. Even if they won't give you a definite yes or no (and they won't) you still should be able to read between the lines.

 

[JackieW999]

Really? Hmmm, cbg. I'll take your word for it but that sounds really strange to me. What if you have kids in school, a sick mother, etc?

 

[Sockeye]

Really? Hmmm, cbg. I'll take your word for it but that sounds really strange to me. What if you have kids in school, a sick mother, etc?

I can't answer for every state, but in WA and Alaska, if your the primary care giver for a sick relative, then it can be granted. There was a grandmother that quit our company because of a sick granddaughter, she was denied by the state.

 

[cbg]

Jackie, I think you are confusing having a good reason to quit, with having "good cause" to quit as defined by each state's unemployment regulations. There can be many good and valid reasons to quit a job that do not qualify one for unemployment. State law varies on what does and does not qualify, but as I explained in your own thread, the majority of people who quit do not receive unemployment benefits, no matter how good a reason they may have had to do so. Unemployment benefits are limited to those who lose their job through no fault of their own, and the line that defines that is drawn pretty strictly in most cases. In SOME states quitting because of family illness might qualify; I don't know of any states that qualify you for UI because of child care issues. As I said, only a very small handful of states will grant you unemployment if you quit because your spouse was transferred out of state, and certainly no one would argue that that was not a good reason. But it's nonetheless a reason that in the majority of states would disqualify you for benefits. Refusing a transfer, unless there were VERY powerful reasons why the employee COULD NOT (not, does not want to - COULD NOT) move, is unlikely to qualify as no fault of the employee's under most states with which I am familiar.