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Junior Member
What is the name of your state (only U.S. law)? Pa
Can an employer enforce a new policy that has not been changed yet? ill give an example
Dress code now is red shirts, manager comes to me and says from now on you wear blue shirts. I ask isn't policy red shirts ,he says well we haven't changed the policy yet but we may later.


Senior Member
Generally, yes. If you are working under a contract, the answer may be different.

Perhaps you should just explain the situation instead of starting multiple threads on the same situation.


Junior Member
Ok i work at a place the will start selling firearms in their policy it states that "all salary member of management, all entertainment zone supervisors, and all hardline supervisors will need to be able to sell firearms and have a background check." I am a backroom supervisors and they want me to have a background check. I can not sell fire arms do to charges from 20 years ago. so there for i would lose my job. In their policy it does not state that the backroom or another supervisors needs a background check just the ones i lists above. When asked if the policy is being changed they have said most likely not.


Senior Member
And if they want to, they can certainly use this as an excuse to terminate you. If they do, you should file for unemployment immediately, as you are out of work through no fault of your own. They changed the policy, after allowing you to work there for a long time, and this change in their policy resulted in your being no longer eligible to work there. You were not lying to them, you've been there all along working at the job as it was legal for you to do it, and so you are not at fault.

But pretty much, the government and no one else involves themselves in the policies of a private company. If they want to, they can change their policies overnight based on a dream they had and come in and fire everyone who wore green socks today. If there's no law that deals with it, or speaks against it, yes, they can do it. As far as notifying you, unless you have a valid union or work contract of some kind that specifies things like this, they don't have to give you notice of anything they're doing or policy they're changing.

But remember, as well, that though they do have to follow the state and federal laws that apply, companies do not HAVE to follow their own policies. Those are not laws. I would, if I were you, speak to my supervisors and remind them that this change may cause problems related to your old charges, and ask them to consider "grandfathering" you in or allowing you to keep your same position. They could, if they wanted to.


Junior Member
If they do not grandfather me in and i lose my position as backroom supervisor and they offer me a lower position at a much lower pay rate will they have to pay me for my old position and if not do i have to take it or can i say no take unemployment while i find a new job?


Senior Member
If you refuse the demotion you will not be eligible for UI benefits. If they fire you outright and don't offer you a demotion, this will be a legal termination, and you might be eligible for UI benefits.


Senior Member
Er, well, not necessarily so. You do not have to arbitrarily accept a demotion or not qualify for benefits. It is sort of dependent on the circumstances. If it's not a reasonable position they're offering, if it's done not company wide to meet the needs of the company, but specifically to you only, with intent to get rid of you, that's another story..

If you refuse a significant demotion, one that was done with rather obvious intent to force you to quit, say for instance you used to be an office manager and they want you to be the janitor now, or cut your wages by $20,000 a year, or make you part time so that you no longer will be eligible for health care, you should not work at that new job a second. Just decide immediately if you don't want to keep the job while you look for a new one, and if the answer is no, then walk off right then. File for unemployment, and you may be able to qualify.

If they want you to go back to being a general worker instead of a supervisor, take a cut in pay, though not a huge one, and still work full time, keep your seniority, continue your benefits as they are, you may want to think long and hard about it. If you quit, it would be many weeks until your unemployment claim was approved and you began receiving money, even if it IS approved, which is certainly no sure thing. Even though PA is a pretty generous unemployment state, it will be less than $573 a week, even if you are approved and actually qualify for the max. And as I said, it stops very soon.

If they terminate you based on what you're telling us, without offering you a demotion or any other job, just tell you to hit the road, your chances of being approved to draw unemployment will be pretty good. But you must remember, even under the best of circumstances, unemployment benefits are not much money, probably nowhere near what you were making while working, and they will end in 26 weeks or less, no matter what your situation.

The worst thing to do would be to accept a demotion in salary or position, work at it for any portion of time, and then decide you didn't want it because it doesn't pay enough, and quit. This practically guarantees you'll not be eligible for unemployment benefits while looking for another job.

So really, there's no way you can demand to keep your position and salary or to walk out of this situation with your head held high after righteously telling them to stuff it. That mistake you made many years ago has caught up and could cost you, and that's just the way it is. But play this smart, don't demand your rights, try to work this out so it goes best for you. Hopefully they are not doing this to target you or get rid of you particularly and will be willing to work with you since you are such a long term employee.
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