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Demotion - California

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  • Demotion - California


    A friend of mine was told in a meeting today that she was being demoted to sales and transferred to another store about an hour away with 50% salary cut. She had to make the decision to quit or take it within about 6 hours of the meeting.

    I don't believe she is under any contract. Its probably too late as she called up her boss and when the boss asked if she was quiting, she said "no your firing me".

    Anyway, I would have taken the demotion and filed for partial benefits due to the pay cut but its too late now for her I guess....does she have any recourse?

    And would my idea have worked?

  • #2
    File for UI. It works or it does not. Just have the employee tell the truth. And it was always the state's choice as to whether or not the employee gets UI. There is no magic "story" that always gets someone UI if they tell the story just right. Or gets UI denied if the employer tells their story just right. At the end of the day, the state listens to both parties and decides whose story they (the state) likes best.


    20/20 hindsight, but the best solution was to keep quiet, do not quit, but start looking for another job immeadiately while still holding the other job. Past that, a 50% pay cut (whether or not a move or threats were involved) is enough to try filing for UI while still working.

    Quitting always reduces the chances of getting UI. Not to zero necessarily, but it is never a good thing as far as UI is concerned.

    Past that, there is no cost to filing for UI. It works or it does not.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      I talked to her in depth just recently.

      Basically she never told her boss that she quit. She repeated that the new job and pay was unreasonable and that she would like to work something out in current position. Her boss repeated that she can either take the new position or quit.

      She then said I am not quitting, so can I go to work tomorrow. The boss said No. Then my friend asked about her current paycheck. The boss said she would send it within 72 hours.

      So I assume she was officially fired, even though the boss never used those words but wouldn't let her show up to work.

      I also confirmed that she works "at will".


      • #4
        Your friend should file for UI as DAW noted & just tell the truth.

        Good luck to her.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


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