Demotion or termination

[Dan C]

Jurisdiction

Illinois

After being in the position for several years meeting expectations, an individual received a negative review and was presented with a dilemma: accept a pay cut and a demotion or be terminated for performance. Is there any leverage in a) accepting option 1) or b) going through with option 2) and contesting it? Thanks.

 

[army judge]

If the person is an AT WILL employee, she/he isn't under a WRITTEN EMPLOYMENT CONTRACT, the employer can dismiss him/her without cause, just as she/he can quit without employer approval because he/she hit the lottery, or learned Aunt Bertha kicked the bucket and left her/him with a $25,000,000 inheritance!

Forget contesting the dismissal, because BEGGING, GROVELING, CRYING; along with a very SAD SOB STORY might ACTUALLY achieve the result she/he desires!!!!!!

 

[adjusterjack]

After being in the position for several years meeting expectations, an individual received a negative review and was presented with a dilemma: accept a pay cut and a demotion or be terminated for performance. Is there any leverage in a) accepting option 1) or b) going through with option 2) and contesting it? Thanks.

Depending on how deep the pay cut is you may be eligible for unemployment compensation if you refuse the pay cut and get fired.

Make sure you study the unemployment compensation rules before you make that decision. It can be tricky.

Also make sure you have a great deal of money in the bank before you stand up to your employer.

 

[welkin]

presented with a dilemma: accept a pay cut and a demotion or be terminated for performance. Is there any leverage in a) accepting option 1) or b) going through with option 2) and contesting it?

There is no leverage in this situation and there really is no choice given to you. You either accept the demotion and the pay cut that comes with it, or you will be terminated. When a company threatens to terminate for performance, the decision has already been made that you will be gone.

 

[adjusterjack]

Agree. Time to polish up the resume and seek employment elsewhere.

 

[zddoodah]

After being in the position for several years meeting expectations, an individual received a negative review and was presented with a dilemma: accept a pay cut and a demotion or be terminated for performance. Is there any leverage in a) accepting option 1) or b) going through with option 2) and contesting it? Thanks.

Your post doesn't seem to raise any legal issue. Contesting it on what basis?