Posted on 11/19/2010 7:45:36 PM PST by reformed_dem
Sorry for the vanity, but I know there has to be some Freepers with the knowledge I need. What happened is that I was informed on Wednesday that my position with my bank branch was being eliminated (I've been there 4 years). I was given the option to transfer to another branch with (for now) the same days/hours. HR admitted that just because right now they were willing to give me the same hours, doesn't mean that they will be in the future.
My problem is that even with the same hours, I do not want to transfer to this other branch. It's not a pleasant place to work and has a high employee turnover. It's in a location that has been robbed numerous times and now they have an armed guard, but the most important to me is that it's not convenient. My current location is very close to my son's school and he gets out right when my shift is over, I pick him up and we go home. This new location is in a different city, so it will make it impossible to get to him in a timely manner.
I am required to let HR know by next Tuesday if I am accepting the transfer or not and was informed that seeing as the transfer is within 30 miles, if I don't accept it, I am voluntarily resigning, thus making me ineligible for unemployment benefits. They also want it in writing with my signature if I choose to decline the transfer.
My questions: what are my options? If I decline the transfer, what are my chances for challenging and winning to collect unemployment while I look for another job in the same area? What happens if I refuse to put in writing that I am declining the transfer?
LOL, Good luck, and bump...
You’re in a state with 12+% Unemployment! That’s your answer. Unless you are in a union, you have no significant recourse, in general. Even in a union, there’s very limited recourse. Just ask the auto workers when they shut down the Toyota/GM plant.
Take the transfer. At least you’ll have a job. They just shot down unemployment extensions, so those are now going to be limited. You can refuse to sign the paper if you like, but, again, 12% unemployment.
One of my ex office managers had the same thing happen to her and she declined the reassignment and her unemployment was challenged by the employer and she appealed and lost her appeal. That was about 10 years ago in Orange county California.
Thanks......hate to post and run, but I will be back shortly, hopefully to read many great ideas.
take the job.. dont cause trouble. get promoted..
or stay in job.. dont cause trouble.. look for another job
or stay in job.. do school (do they do tuition reim?) get better job
or open own busiess.
I think the limit is actually 50 miles... Sorry.
Take the job, arrange after school care for the kid and thank your lucky stars that you have a job.
Start applying at other banks while you work at the current job and hopefully you will get what you want, where you want.
they will probably deny the Unemployment, but always ask for the hearing,, the Judges almost always side with the employee, just bring any paper work you have that can help the case
30, 50, doesn't really matter, since it's well within the 30 anyway.
Never had any desire to open my own business. As for promotions, not much of chance staying in my branch anyway. For me at this point in my life, the job was perfect, the hours were perfect, allowing me to be there before and after school for my son. Didn’t plan on staying there forever.
I’m in Orange County too. The thing that concerns me about challenging it is, first of all, such high unemployment, I should be happy to have a job, right? Second, the State of California can’t even meet its current unemployment obligations and is borrowing heavily from the federal government. I don’t think I have much of chance winning on appeal.
Are you kidding ? Are you a closet liberal thinking you are somehow entitled to a job? 12% unemplyement....HELLO!
Take the job, and work on geting a new once closer to home..
.
It seems he’s looking for a fair fight under legal terms. Couldn’t do a darn thing except bump his thread.
That makes sense; the contract that you signed when you got into this job probably mentions the possibility of reallocating you to another office in the area. Did you cross that out and write "Only at the branch X in city Y?"
They also want it in writing with my signature if I choose to decline the transfer.
You need to find out what happens if you don't give them any answer and don't sign anything. You are not required to, most likely.
My questions: what are my options? If I decline the transfer, what are my chances for challenging and winning to collect unemployment while I look for another job in the same area?
Well, if you hire a lawyer and spend, say, $20,000 on the lawsuit then your concerns will be heard in court. But that doesn't mean anything if you don't win - and probably you won't. Why? Because your current employer is not just behaving like a cross of a spoiled child and Mr. Burns. Your current employer *knows* what they can and can't do; most importantly, they have lawyers who know labor laws far better than you or maybe your lawyer (that you still need to spend some good money on.)
With regard to the unemployment insurance, it's very small, and you need to work for it by actively searching for a job and providing proof of it. The unemployment insurance also will not be paid if you are "too rich" for that, and there are other catches that I don't remember (since I only read about it, and never collected.) This insurance also has a ceiling for a year, and once you collect your yearly budget you are kicked out of the system.
If you decide to "challenge" your dismissal you will need more money than any unemployment insurance can give you (unless you intend to lose - then you only need a filing fee.)
What happens if I refuse to put in writing that I am declining the transfer?
Yes, as I said this is a key question, and nobody here or anywhere outside of your HR can tell you - simply because it is governed by your contract that you signed and should have a copy at home. Maybe you have an employee's handbook, it may be mentioned there. If I were to guess, the default option is most favorable to the employer because it's them who wrote the contract.
But all this is pure discussion for the sake of discussion, just to talk about *all* options that you have. In reality you have only two options: either you quit or you take a job elsewhere. The legal option is not viable; if you can afford it then you don't need the job in the first place.
Out of those two, the only reasonable option is to accept the transfer. This will pay you while you are aggressively searching for another job. Employers are far more interested in hiring people who are currently employed than in hiring people who are unemployed. I understand that the branch there is not an ideal job ... it's sad, but there are unpleasant jobs in the world, and not everyone is entitled to enjoying his job. I had a few unpleasant jobs myself. You have a family, and that creates certain obligations to support it, which is another reason to take the bad job and proceed from there. Sitting at home will not buy you anything.
2. Take the job and start job-hunting for something better. Don't quit your current (transferred location) job until you've obtained a better one.
Take The Transfer - ask for a few weeks to arrange childcare before transferring - they should be willing to cooperate, it's an easy carrot for them.
Any bank downsizing staff is not a good sign for that bank's future, so, Polish Your Resumes - you want three - one with high school only, one with college and all the bells and whistles, and one inbetween - tweek each one you send out to translate your skills to suitable non-banking jobs you apply for (don't want to seem ‘overqualified’) - and start sending them out, this weekend if possible
Keep Your Head Down and Keep Smiling -be cheerful around your bosses and coworkers about the transfer (if it's telegraphed ahead that you're uncooperative or resistive to change the new location HR person will find a reason to get rid of you as soon as you transfer)
Save Your Money - You'll spend more in legal fees and aggravation than you'll ever get in return
Best of luck to you!
Thanks for all your input. Fortunately, I’m not the “breadwinner” in the family, but what I make does contribute. I’m not looking to go the whole hire-a-lawyer option, I think that’s overkill. My branch doesn’t want to lose me and if I quit, said that when things improve, would hire me back in a heartbeat. Obviously choices I make now would impact that one way or another. The most important thing to me is being there for my son, so I have to approach this with that in mind.
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