If my employer gives me options to be demoted or laid off can I collect in California?

by Tanya

(Lincoln, California, USA)

I work for an Indian Casino in California. My employer gave me the option to have my position and wage reduced or be laid off. I want to know if I can be denied unemployment insurance if my employer argues it.

Hi Tanya,

That’s an astute question. And I might add, another clever employer tactic.

First there’s something about your question that prompts me to ask if when you say “laid off” you mean that if you do not accept a demotion and reduction in pay the employer is saying there will be a “lack of work” or are they saying that if you do not accept a demotion and reduction in pay as discipline for a rule violation, you will be fired.

I need to be clear about what is actually going on so I can direct you to what I think is the appropriate information.

Thanks,

Comments for If my employer gives me options to be demoted or laid off can I collect in California?

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Apr 22, 2009
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That’s what I wanted to know

by: Chris – webmaster:)

Because, I now know to which parts of the eligibility guide to point you to.

(Links will open in new windows)

Suitable Work pay special attention to the section titled “Job offer made prior to filing claim”

Voluntary Quit All the way down at the bottom section VQ500. Under wages read #5.

And by the way, I know very well that some California Casinos are very good at the unemployment thing .. most use third party admin. companies to handle their UI.

It was a good and wise question:) Let me know if have anymore.

Good Luck,
Chris

Apr 21, 2009
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Also …

by: Tanya

Additionally, I should have mentioned… it is due to the “economic downturn.” They are doing it to six of us based on seniority. I have no rule violations or corrective counseling against me, if that matters.

Apr 21, 2009
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Answer to question

by: Tanya

They claim it will be due to lack of work, or so my boss informed me. He said, and I quote “You could claim unemployment.” But aren’t Indian casinos notorious for being sneaky and being unfair to their employees. I know this one is. Can they turn it around and say I declined an offer for work at less pay?

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