HR or Unemployment specialist ...have question

15 years ago

Okay not good news, DH (manager for screenpringing place..no union), received notice that he is being demoted. He will get a decent (not good, I said decent) hourly pay. BUT the position they are demoting him to is one that he physically cannot do. It will involve time on his feet (he NOW has a doctor's note that says he cannot do that, but it was not on his record before, didn't need to be as he was mainly at his desk)..among other things.

He will be expected to continue at his current position (minus the salary), until someone can be hired, then train them in. What a slap in the face.

Some of the "reason's" for this demotion are not...in our eyes valid. His employees had high absentism (mind you they consider being absent just being gone...vacation or sick is an absence. Planned or unplanned). No follow-up on issues that he does follow up on, that type of thing.

He's thinking of filing a grievence, but would you really want to stay with a company that treats you like that? BUT since they're demoting him and not firing him, if he refuses the demotion, I THINK..it's like quitting. We cannot make it on my wage alone. We can make it on unemployment and my wage..but even that's scary as who knows how long he could draw unemployment.

So...would he get unemployment if he refuses the demoton? Who could he contact to find out he answers to his question?

Thanks for listening.

Sort by:Oldest

Comments (7)

mariend
15 years ago
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.
redcurls
15 years ago
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.
Related Discussions
Two questions
Q
Comments (9)
I don't know much about the rose, so take what I say with a grain of salt. I think it's probably warming up enough to take it out at least some of the time. I would probably do so gradually to give it a chance to harden off a bit. Maybe take it out for a few hours a day and gradually increase the amount of time its outside to give it a chance to adjust. If it's cold sensitive, it might be a good idea to keep it inside at night for a little longer, but it sounds like it may need some sunlight. You're probably right that it would be cheaper to hire it done than to rent the equipment. I've seen posts in the lawn care forum where people talk about how much it costs to rent the equipment and it sounds more expensive (even if I shared with a neighbor or two) than what I paid. I've only had my lawn aerated once in 10 years. I've been working on increasing the organic content so the worms will aerate it naturally and it seems to be working. When I had it aerated, they left some flags (to show where the sprinkler heads are so they wouldn't break them). The flags had the phone number on them, so in the morning, I'll try to find one. I think I paid $35. If I remember correctly, your lawn is much smaller than mine (my lawn is about 4k sq ft) so it might be less for you. I've never done any power raking. I thought that if you core aerated, it would break through the thatch layer and help to get it decomposing. I remember from last year that your lawn had a lot of problems, so maybe both are required. If I remembered correctly and you have a small enough lawn, you might want to try a turf hound. You can get one at Home Depot or Lowes for around $20. It's a manual thing that you operate by stepping on it to pull two cores at a time. I actually have one of these, but I don't think I pull enough cores to make as much of a difference as the worms do. I'll use it to help prep an area for overseeding since it gets more soil exposed.
...See More
Question about elderly
Q
Comments (13)
This is probably too late to be of much help but I wanted to lend a little support... my dad, too, had emphysema and your description fit what he went through. He needed frequent naps (right down to the pre-dinner nap) and also had bowel problems. I think they finally isolated the latter to meds and were able to make some adjustments that helped. It must be embarrassing for your husband to have this kind of problem (but I love that he blames it on the cat) :) I hope it gets/got resolved with your dr. visit. The sleep issue probably won't go away completely -- emphysema is hard on the body and will continue to make him tired. And age does make a big difference. Exercise helped when dad could manage it -- he would walk some -- but it just made him feel a little better, it didn't make the fatigue go away. Cutting out the smoking would help your husband but it doesn't sound like he wants to give it up. I know it also contributes to fatigue. Doctors don't/can't oversee the health of individuals the way they used to -- because we see so many specialists, etc., a primary care or other physician just doesn't always know everything that's going on -- so it's important for you, as an advocate for your husband, to keep on top of things and make sure the questions you have get addressed by the drs. Don't be afraid to talk to the drs. as long as you need and ask as many questions as you need to get the information that will help. A friend of mine goes to the dr. with her elderly mother; because the dr. has a tendency to rush in and rush out before they could ask questions, my friend moved her chair in front of the door and sat down as soon as the dr. came in. The dr. got the hint, sat down, and took all the time they needed. I've found most drs. are really responsive and like that patients are trying to participate in their own health care but sometimes they need to be brought to a halt to get their attention. It sounds like you're really taking charge and I admire you for that. Best of luck to you... let us know how things are going!
...See More
Earaches,I think I may have messed up
Q
Comments (18)
I used to get "glue ear" when I was little. I had tubes put in five times. And now that I have used peroxide as well as an alcohol/vinegar mixture in my ears as an adult, I REALLY wonder if over half of my problems as a child could have been avoided if the d@mn doctor (ENT) had just told my mom to put alcohol in my ears every time I got water in them. I seriously think a lot of it was swimmer's ear. That said, do have a doctor check out her ears so you know whether or not the eardrum has been perforated. Even if it has, it was NOT necessarily the peroxide that did it. The fluid buildup could have done it. Both of my eardrums still have perforations. I have used peroxide during a bad earache, and even with the perforation, it can hurt really bad from the fizzing. When that happens, I just dump it out immediately. That immediate release of the fizzing liquid can also cause what feels like a "pop." Earaches can hurt really really bad, yet not cause the perforation. It's just such a delicate system, and pain is the body's way of telling you there's a problem. When you do go to the doctor, ask about using the alcohol and vinegar, as well as the peroxide. That way you have the doc's input as to whether one or the other is better in her situation. And don't let them put you off and say it's a waste of time. I've cleared up an outer ear infection with the alcohol and vinegar as well as gotten a great deal of improvement on an inner ear infection. It CAN work. I hope she feels better soon! A combo sinus/ear infection is the PITS! You might also try getting her to take some Airborne to boost her immune system.
...See More
Job/HR related question, not showing up for a shift
Q
Comments (52)
I'm going to speak plainly, and I mean no offense. Is he over 18? Shove him out the door and tell him he's on his own. The things you are doing are NOT helping him. You are hurting him because you are enabling him. Before retirement, I worked at a fairly large company. In the rear of my building was the HR department, and one day an older woman came down my hall looking for that office. Trailing behind her was a man of about 30. She told me she was taking her son to the HR office so he could apply for a custodial position we had open. I looked at him incredulously and he smirked at me. They were two of the most pitiful people I have ever seen in my life: Him - because he so obviously was trailing Mama just to appease her, and Her because she was being so foolish. That happened about 10 years ago and I imagine she is still supporting him. WE certainly didn't hire him.
...See More
juellie1962
15 years ago
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!!!????
cynic
15 years ago
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.
wifetojoeiii
15 years ago
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 -
Lindsey_CA
15 years ago
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.
redcurls
15 years ago
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.

HR or Unemployment specialist ...have question

Comments (7)

mariend

redcurls

Related Discussions

juellie1962

cynic

wifetojoeiii

Lindsey_CA

redcurls

COMPANY

BUSINESS SERVICES

GET HELP

CONNECT WITH US