My employer eliminated my current position and offered me a lesser position at lesser compensation. I was asked to

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Customer: My employer eliminated my current position and offered me a lesser position at lesser compensation. I was asked to respond or the offer would be rescinded. Does that mean I am fired if I don’t accept the job?
JA: Just to confirm, were any reasons given as grounds for the termination?
Customer: None
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Healthcare, non profit, 400 employees
JA: Where are you located? Workplace termination laws vary by state.
Customer: michigan
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by DustinJ1119 in 5 mins 2 months ago
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DustinJ1119
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DustinJ1119, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I will respond to all your posts quickly, but if you do not receive an immediate response, do not fear: you have NOT been forgotten. It's likely just a technical delay on my end. Just know that I will be with you as soon as possible.
  • Per site policy, I am only able to provide general information and our conversation does not establish attorney/client privilege. You should always consult with a local attorney in your area.
  • I’m sorry to hear you are having these problems with your legal issue above. I know that can be frustrating. With that said....

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DustinJ1119, Expert

Rescind means to take back. This means if you do not respond, their offer goes away and you are out the job from the sounds of it. I am sorry and wish I had better news.

Customer
Does that mean I have chosen to quit by not accepting the position
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DustinJ1119, Expert

No, they laid you off from sounds of it.

Customer
Ok- in that case, would it be likely that I could seek unemployment?
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DustinJ1119, Expert

Yes, the job was eliminated.

Customer
Does a verbal requirement to respond within a specified time frame trump the written instructions on the offer to 'respond at my leisure"?
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DustinJ1119, Expert

Likely, since they have said it, you should comply with it, yes.

Customer
Ok- a bit more information for you- I made a formal complaint to HR that they are currently investigating. Does that have an impact on this scenario?
Customer
It's regarding workplace discrimination and retaliation
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DustinJ1119, Expert

In terms of getting terminated?

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DustinJ1119, Expert

If your claims get substantiated, you may have future lawsuit.

Customer
Would an employer try to avoid this by offering a severance package?
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DustinJ1119, Expert

I would not think so and have not seen this in my experience.

Customer
Ok
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DustinJ1119, Expert

Severance is not required by law (absent contract stating it is).

Customer
Hi
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DustinJ1119, Expert

Forgive me, not sure what yes means?

Customer
Meaning that because I have filed a complaint that the job elimination and demotion were the action of workplace retaliation, the employer would offer me a severance instead of terming me if I do not accept the position
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DustinJ1119, Expert

Forgive me, did you not receive my answer to that above? Severance would not likely be offered to avoid a lawsuit as it is not required by law.

Customer
I understand now , thank you
Customer
How soon after termination can unemployment be sought?
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DustinJ1119, Expert

Oh ok--good. Usually, there is a two week waiting period--final check from employer clears, etc.

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DustinJ1119, Expert

Sorry for what you being put through by them and best of luck with the matter.


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