Re:Substantial demotion (1 viewing) (1) Guest
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TOPIC: Re:Substantial demotion
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Sumo (User)
Gold Boarder
Posts: 253
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Substantial demotion 1 Year, 5 Months ago
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Anyone update to date with Ohio's employment laws on substantial demotion? In what cases would a substantial demotion permit an employee to resign for cause and be entitled to unemployment compensation?
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Re:Substantial demotion 1 Year, 5 Months ago
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Karma: 2
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Michigan recognized a phrase called a substantial demotion while Ohio recognizes a substantial pay decrease. Its really the same thing. In essence, if an employer tries to demote an employee by making them perform menial tasks and forces a pay decrease (even if they are fast tracked to former position), then for unemployment consideration, the employee is deemed to have been "constructively terminated".
That sounds great for the employee, however, most unemployment compensation committees favor the employer explanation if the employer contests the former employee's unemployment application. Just contest the claim for unemployment benefits and you will have a great shot of getting the benefits denied.
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Brian (User)
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Re:Substantial demotion 1 Year, 4 Months ago
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Karma: 1
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Even if good cause exists such as a substantial demotion, a claimant generally has to address and justify the timing of the quit (i.e., why could the claimant not have continued to work while searching for a new job?). The severity of the objection to continuing the job, and demonstrated efforts to try to resolve the problems, i.e., complaint to supervisor(s), is often required to meet the claimant’s burden of proof.
Voluntary/involuntary quit cases due to substantial demotion are also complicated by two other, possibly overlapping legal issues. If an employer has substantially changed the job, but offered different work, the issue for a disqualification hearing may become whether the claimant has improperly rejected a suitable job.
An employee may have good cause to quit a job, on medical advice, if the worker cannot physically or mentally continue to perform the essential functions of the position. Typically, proof that the claimant followed medical advice is the showing needed to establish good cause. However, the medical problem may raise an eligibility issue: is the claimant available to work and capable of working?
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