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Demoted after giving notice Texas

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  • Demoted after giving notice Texas

    I work for a large retail organization as an assistant manager for a store with about 8-12 employees. At this time we are extremly short handed with myself, the store manager and 2 pt employees. Around mid October I informed my boss that I would be quitting but let her know I would stick around long enough for her to hire and train my replacement. I gave her a notice in writing on October 27 stating my last day would be Nov 30.
    My boss then informed my district manager that I had given notice for the end of Nov so she could start the hiring process. My district manager told my boss to demote me from fulltime to parttime for the remainder of my time there because she "did not want to pay me for another holiday."
    My main reason for staying through November is to help my boss out and give her enough time to hire someone else.
    Is my DM within the law to demote me for leaving?
    I would be taking a paycut and losing my benefits but still doing the same amount of work.
    Also, if I were to quit due to the demotion, would I be eligable for unemployment?
    Please advise

  • #2
    It was not illegal to demote you to part-time, reduce your pay, & eliminate your benefits for giving your notice unless you have a binding employment contract or CBA to the contrary. However, how can you be part-time & do the same amount of work - were your hrs. actually cut?

    If you quit, you most likely would not get unemployment ins. (Do you have another job lined up or not until after Nov. 30?) If your hours were reduced, by how much? How much of a salary decrease did you receive? Sometimes if your hrs. are reduced and/or your salary decreased, you can get partial UI benefits.
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    • #3
      Thank you for your reply.
      I work an average of 32 hours a week, which can go up or down depending on the amount of money we have for payroll. I would most likely be cut to about 25-30 hours a week, and the pay cut would be 3.50/hour.
      As for the work, my boss knows I am capable of doing the work and will still expect it of me as there are some things only I handle in the store.
      I do have a pt job lined up to start Nov 3 working about 15 hours a week on average.


      • #4
        Your employer is allowed to cut your hours, cut your pay, and change your employment status (from full-time at 32 hours a week, to part-time at 25-30 hours a week), and still expect you to perform the same job function and have the same job responsiblities. If a change in your employement status to part-time means you loose out on benefits and other privileges entitled to full-time status, that is also the employer's perogertive.

        That's really crappy of the employer, but not illegal.

        If you decide to quit over such a reason, you can still file for UI, but I don't know if you'd get them. From what I've read on this forum, most people seem to imply that the UI department would rather have you working for something than not at all, and quitting over a demotion might seem to the UI people grounds for denying UI.

        As Betty3 said, you might be able to get partial UI to make up what you would losee due to the demotion if you remained on the job. Only way to know is to apply.

        Having another job already lined up might also jeoporize UI. I don't know how it will be considered though.


        • #5
          Thanks for all the answers. It's good to know what my rights are, or what they aren't actually.


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