I think if you quit you might not get unemployment. Check with the unemployment office/or legal aid person specializing. My son just went thru that, only he got laid off (fired ) and found out the company never paid into the program Also if you husband cannot do the work on his feet with doctor's orders, talk to the medical social service department. etc. Yes, fight it, but find out "legally" what you can/cannot do and document everything. Get everything in writing, and find out who,when,where/dates/what was said verbally and keep a journal. I truly wish you the best.

Who do you file a "grievance" with if it is a non-union shop? I would not quit. In most states, you can be penalized severely as far as unemployment goes. If they do not have a job he is capable of doing, then THEY will have to let him go. Much better than quitting. Yes, they certainly can demote (or even fire) him. They are allowed to determine whether an employee suits the job or not. It is not even uncommon for an employer to expect a person to train his/her replacement. I know....NOT fun.

I wish you well. It's not a good place to be right now.

I wouldn't quit the job; if he starts it and can't do it, they will have to let him go. I THINK he could then apply for unemployment.

However, a man that comes into the office I work at had a similar experience. He had a heart attack and couldn't do his job. He was let go by the employer and when he applied for unemployment, he was told that since it was due to health reasons, he'd have to apply for disability, not unemployment.

Sorry, that's as clear as mud. I hope someone can give you the answers you need! Right now in WI 83 is supposedly the max for unemployment, but we know a couple different people who have been on it for over 2 years!!!????

Minnesota, as you probably know is an at-will state so employers have a lot of flexibility on what they can do. I agree that a disability is a possibility here. Find a good disability attorney and get guidance on what to do. Definitely document everything. Record any and all phone calls. All emails, text messages or the like should be copied and forwarded to an account that you control so you have proof.

It's been a long time since I dealt with unemployment. You *can* quit if you have good cause but that loophole is quite narrow. You could also contact the unemployment office and see what they say. Not sure how much info you'd get there, nor am I certain of how good the info would be, but it'd be worth a try.

The other possibility is ADA. Are there some reasonable accommodations that the employer could make? My old GF was able to have a barstool so she could sit some of the time so she wouldn't be standing the whole shift.

As said, a "grievance" is a union procedure so you don't have that option. You could file a complaint letter with the personnel department I suppose but you might want to be careful on that.

Timing definitely is bad on this. A demotion coming like this puts the advantage to the employer since they're demonstrating they're "working with the employee". If he quits, they're happy, if not and doesn't do the job, they'll be able to say they tried everything.

Log everything. Record everything. Get advice from a good attorney, practicing in disability and employment law.

I assume he can document the "follow up" issues? The more detail he can document the better.

If things haven't changed there's also another advantage going to the employer here. By demoting and cutting pay, his unemployment will be affected should he qualify. The unemployment will be based on his wage at the time of termination, not his prior wage unless this has been changed since I was involved with unemployment.

Then again, things could work out and it'd be a moot point. Let's hope that's the case here.

I am an HR Director - I advise that he notify his employer that he accepts the demotion and he requests an accomodation for his documented disability. That request will "qualify" him for the Americans with Disabilities Act. This opens up a conversation about what the accomodation will be - a stool to sit on, later start time, etc. The ADA does not require the emnployer to comply with the employee's request, - the accomodation must be negotiated/discussed and the Employee's disability must be documented. I suggest that he approach his Employer with an open mind and ask questions. His employer offering another position is a great offer - and please understand I am seeing this from an HR Director's , an ADA supporter, perspective. Good luck -

Take Hostapasta's advice, as it's very good. But, also, talk to an attorney who specializes in labor law. There is such a thing as constructive discharge which is, essentially, being forced to quit. It's pretty much legally the same as being fired.

I would not spend money on a lawyer to determine if you were fired or made to quit. It is not the type of legal service where they give free consultations. That is for injury work. I can't see any grounds for a lawsuit here. I think good advice came from hostapasta. I would do whatever you can to see that he stays on good terms with the company so he could stay on their payroll in whatever capacity. Even hinting at a lawsuit can forever cause problems for employment anywhere else.