A denial of benefits requires gross misconduct on your part. Gross misconduct usually involves things like failing a drug test, stealing from your employer, or failing to show up for work. But in the meantime, unemployment benefits are an option for many people.
Search for:. General Employment Law. Tags: demoted , do i qualify for unemployment , unemployment , unemployment lawyer , unemployment qualifications. Facebook Twitter Instagram LinkedIn. In some circumstances, you may be protected by a collective bargaining agreement or employment contract which provides protection for employees.
Workers with employment contracts that stipulate work roles and job protections may be insulated against certain demotions. They may also have recourse to appeal a demotion. Employees cannot be demoted because of race, gender, age, religious beliefs, or genetic information. Employees can't be demoted as retaliation for filing a sexual harassment claim or because they informed authorities about an illegal action by their organization.
Even where no legal protections exist, you can contact the human resources department at your organization if you believe that you are being unjustly treated.
Companies often want to avoid seemingly unfair demotions given the potential negative impact on employee morale. When you speak with HR, keep the following in mind:.
Be professional. If there is a formal appeal process, request a review of your demotion. If there isn't, ask for a meeting to discuss your circumstances. Put it in writing. Another option is to write an appeal letter asking for the decision to demote you to be reconsidered. Use documentation, such as emails with praise, positive performance reviews, and details about major accomplishments, to show that the demotion is not merited, and will ultimately work against the company's long-term goals.
Consult an attorney. If you believe that your demotion might be illegal, you have the option of consulting an employment attorney or your state Department of Labor to obtain a formal legal opinion. Whether your demotion was wrongful or not, when you apply for future jobs, you will need to be prepared to acknowledge the situation.
Fortunately, there is no need to use the word "demotion" on your resume or within a cover letter. On your resume, you can simply include the new job title, along with any responsibilities. Highlight your skills. Within your cover letter, you can emphasize any particular skills or accomplishments from the lower-level role.
Prepare for the interview. A demotion may also come up in an interview; be prepared to discuss the circumstances.
Do not bash the company or managers in your response. When this occurs, you may be tempted to quit or get fired by your company for refusing to take the demotion. As a result of this action, you could miss out on getting unemployment benefits. When you refuse to take a demotion, one of the options that you could pursue is quitting your job. When you choose this route, you will not be able to qualify for unemployment benefits.
The unemployment system does not provide any benefits for individuals who voluntarily quit their job. The system will not take into consideration your reasons for quitting, regardless of how unjust you thought you were being treated. Because of this, you may want to avoid quitting voluntarily. If you simply refuse to be demoted, your employer could fire you.
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