Job offer

[Sjbrown21]

What is the name of your state (only U.S. law)? CA

I was recently offered a position by the hiring manager and received written confirmation that I had the job. I did not receive an official offer letter, but have emails from the hiring manager and HR rep on confirmation that I have the position with stated salary. Now the hiring manager is stating that the salary that was offered is no longer available. I already quit my second job knowing that I was going to have the offered salary with new position. Do I have a case?

 

[cbg]

So the job offer has not been rescinded - they've just changed the salary? Is that right?

If so, unless you have a legally binding and enforceable contract (not just an offer letter) there's nothing you can do about it. An employer can change your salary at any time and as long as they tell you about it before you work any hours at a lower salary (and in some states they don't even have to do that much) it's legal. Some states require x amount of notice in advance but I don't remember your state as being one of them.

 

[Zigner]

No advance notice is specified, but one pay period is the reality of what is required (from http://www.shrm.org/templatestools/hrqa/pages/california-paychanges.aspx).
Here is more information: http://www.dir.ca.gov/dlse/FAQs-NoticeToEmployee.html

 

[cbg]

Thanks, Zig, good to know.

Though in this case, if the OP has not started work yet (which is what it sounds like) that condition would be met.

 

[Chyvan]

Do I have a case?

You have a case to get unemployment if your old employer won't let you rescind your resignation and if the new salary is sufficiently reduced that it would give you good cause to quit, and you don't want the job anymore because this employer makes you think this will just be the first event in a situation you wish you'd have never gotten into.

 

[Zigner]

Thanks, Zig, good to know.

Though in this case, if the OP has not started work yet (which is what it sounds like) that condition would be met.

No argument here

It's interesting how things work - 3 business days ago I was researching the topic of required notice for changes (in our case, it was a change to the pay day).

 

[Zigner]

You have a case to get unemployment if your old employer won't let you rescind your resignation and if the new salary is sufficiently reduced that it would give you good cause to quit, and you don't want the job anymore because this employer makes you think this will just be the first event in a situation you wish you'd have never gotten into.

No, not really. But hey, you just keep on guessing.

 

[Chyvan]

No, not really. But hey, you just keep on guessing.

Pay cuts make for good cause quits if they are sufficient enough. In this case the employer DID rescind the job offer, and they are replacing it with a new one, one with a lower salary. If the new one makes this job unsuitable or less than prevailing, that again is a valid reason to get UI.

Maybe you haven't quit a job over a pay cut or refused one because the salary was too low and gotten UI, but I have, and it does work. It's also documented in EDD's benefit determination guide.

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_500.htm#Wages

http://www.edd.ca.gov/uibdg/Suitable_Work_SW_500.htm#Wages

 

[Zigner]

Pay cuts make for good cause quits if they are sufficient enough. In this case the employer DID rescind the job offer, and they are replacing it with a new one, one with a lower salary. If the new one makes this job unsuitable or less than prevailing, that again is a valid reason to get UI.

Maybe you haven't quit a job over a pay cut or refused one because the salary was too low and gotten UI, but I have, and it does work. It's also documented in EDD's benefit determination guide.

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_500.htm#Wages

http://www.edd.ca.gov/uibdg/Suitable_Work_SW_500.htm#Wages

Your first link doesn't apply here.
Your second link *might* apply, but probably won't.

You're making decent guesses, keep it up.

 

[Chyvan]

You're making decent guesses

They're not guesses. It's how it's done. Hopefully, the OP comes back and gives some idea of what he wants.

I'm reading between the lines on his post. I suspect the reduction is pretty substantial and less than what he was making before because he mentioned that he already quit his prior job. Had the reduction still left him making more than he was at his prior job, I don't think he would have posted at all.

The point is that if he doesn't want the lower salary, now is the time to do something about it. Accepting the lower salary and quitting later because he didn't like the deal he made would not be good cause.

 

[Zigner]

They're not guesses. It's how it's done. Hopefully, the OP comes back and gives some idea of what he wants.

I'm reading between the lines on his post. I suspect the reduction is pretty substantial and less than what he was making before because he mentioned that he already quit his prior job. Had the reduction still left him making more than he was at his prior job, I don't think he would have posted at all.

The point is that if he doesn't want the lower salary, now is the time to do something about it. Accepting the lower salary and quitting later because he didn't like the deal he made would not be good cause.

Right - but if he refuses work that has an industry-acceptable wage just because he doesn't like it won't get him anywhere. I do agree that the OP should clarify some things so folks don't have to guess.

 

[commentator]

We can rarely ever tell someone they'll be a shoo in for unemployment benefits. As it has been pointed out we do not have the appropriate information to even know HOW much his salary would be reduced. And even in CA the most liberal of employee friendly states, the unemployment laws do require one to accept the appropriate wage for the industry as specified by the latest D.O.L information. And my thought on it is even though the wage offered has been diminished, it still would be better to take it and begin looking for something else while working, (after all, he does mention that he's quit his second job, which frees up some time!) and keep this job until he finds another. Working almost ALWAYS pays better than unemployment benefits, and it takes a pretty good long time to get approved for unemployment benefits even if there isn't an issue, not to mention in a situation where the person quit his job in this case. And then of course, they do stop after a certain period of time. People used to say "I quit my job because I couldn't live on what I was making!" Well, my thought was, "And what are you living on NOW?"