Either you take this new position in the company or you "voluntarily resign"?

[Zoey123]

Either you take this new position in the company or you "voluntarily resign"?

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

I work for a private retailer. About a month ago, my store went through a major realignment. This realignment reorganized our store's positions (mind you, we're considered a TEST store. This caused some people to be demoted, and others promoted. However, the "option" offered to us was either you take your new position or you're "voluntarily resigning". Personally, I work full-time and I get benefits in my non-management job. I was "offered" an assistant manager position which did not come with a raise or added bonuses; only added responsibilities. So not only did I get a new job I did not ask for, I got more responsibilities for which I am not being paid for AND I can not even add this new title to my resume because the realignment is not effective company-wide until January.

Is this legal? Can I be forced into promotion/resignation? Had I resigned, would I have been able to get unemployment benefits? I was too scared to do so because I can not afford it. Now that I signed the "new contract", is it too late to get out of it?

Feeling trapped
Zoey123

 

[cbg]

Is this legal? Yes

Can I be forced into promotion/resignation? Yes

Had I resigned, would I have been able to get unemployment benefits? Maybe

I was too scared to do so because I can not afford it. Okay

Now that I signed the "new contract", is it too late to get out of it? Well, you can quit now if you want to, but you won't get UI. That ship has already sailed.

Unless you have a legally binding and enforceable contract that expressly and in so many words says what your duties are and does not allow for change, your job duties are what your employer says they are. They cannot force you to do something illegal and they cannot force you to do something for which the law requires a license if you do not have one (though they can require that you get the license). Outside of that, it's their opt what your job duties are and you either do them or you find other work that is more to your liking.

 

[Chyvan]

Had I resigned, would I have been able to get unemployment benefits? I was too scared to do so because I can not afford it. Now that I signed the "new contract", is it too late to get out of it?

As to the unemployment, it would just depend on what degree the job changed. To get more clarification search "EDD benefit determination guide" Then read the "voluntary quit - VQ" chapter, and pay particular attention to "working conditions - transfer"

You can change your mind right up until the day you perform the new job, and then it's not so clear cut.

 

[Just Blue]

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

I work for a private retailer. About a month ago, my store went through a major realignment. This realignment reorganized our store's positions (mind you, we're considered a TEST store. This caused some people to be demoted, and others promoted. However, the "option" offered to us was either you take your new position or you're "voluntarily resigning". Personally, I work full-time and I get benefits in my non-management job. I was "offered" an assistant manager position which did not come with a raise or added bonuses; only added responsibilities. So not only did I get a new job I did not ask for, I got more responsibilities for which I am not being paid for AND I can not even add this new title to my resume because the realignment is not effective company-wide until January.

Is this legal? Can I be forced into promotion/resignation? Had I resigned, would I have been able to get unemployment benefits? I was too scared to do so because I can not afford it. Now that I signed the "new contract", is it too late to get out of it?

Feeling trapped
Zoey123

Good News! You are not "trapped"!! You can quit.

Good luck on your job search...

Blue

 

[commentator]

If you quit the job now, you don't have a prayer of drawing unemployment. If you'd quit the minute you were offered the job, without working one second at the new changed position, you might have had a TINY prayer. But not much of one. You said yourself that it is the same pay, same benefits, just more job duties. More job duties, more responsibilities given to an employee because of a change in the business needs of the store, NOT as an effort to persuade/force this particular employee to quit by making their particular work situation untenable isn't going to be considered unreasonable.

First question they'd ask you is "What did you do to try to resolve the situation before you quit?" Have you discussed your new responsibilities, lack of title or recognition in this new job with your supervisors, told them how you feel you should be receiving something more? That's one possibility. Otherwise, be looking for another, better job as you continue to work at this one. Then you can leave without having to worry about a long spell of waiting for unemployment benefits that probably aren't going to happen anyhow.

 

[Stephen1]

AND I can not even add this new title to my resume because the realignment is not effective company-wide until January.

My opinion: If they assign you a new title, then that is your title. It matters not whether you are the only person in a giant, nationwide company with that title. That is the title that they gave you and that you are working under. So, add it to your resume' as soon as you start in that position.

 

[cbg]

My opinion: If they tell you, as of January 1 your title is x, then your title is not x until January 1.

 

[Zoey123]

Thanks for the responses. At least now I know I'm being legally screwed.

Onto the job search,
Zoey123