I am an assistant manager of a restaurant. I have decided to make a career change that better benefits my personal life. My employer found out I am looking for new employment. We are going to be parting amicably but she keeps pressuring me for a resignation letter or to step down. I plan of fulfilling the months notice that my employer asks for. However, it takes 3 months to train someone to have my position and the person who will be taking it, is just starting the process. Can she force me to step down? I have no disciplinary actions against me, only awards and commendations. There is no one who can currently step into my role.
Your employer can fire you. demote you. or cut your pay whenever they feel like it. You are in PA as in all but one state, you are "at will." That means they can fire you for a bad reason, a good reason, or no reason at all. I am not sure what "step down" here means unless it is to take a pay cut or change your title, or responsibilities. They can certainly do that. Unless it is because of some characteristic that you have that is in a protected group. Even then, you have to prove that the employment action was because you were in a protected group such as a minority, disabled, over 40 years of age, etc. Their reason you are being told to step down, is because you plan to leave and as such they need to hire or promote someone and train them. I would not resign, because if you do, you will not be eligible for unemployment benefits. If they demote you and cut you pay, you may have the ability to collect some unemployment benefits, but they will oppose it and you may well lose. Always better to look for a job while you have a job.
One more thing, you say that you are giving them a months notice. That means they pay you NO unemployment benefits. Just stay as long as they will keep you. Then if they let you go, you will receive unemployment benefits. As I see it, you have not quit, but they are trying to characterize it as such. They are really firing you unless you have given a month's notice voluntarily. Why would you do that.
Your boss want you to resign so they can avoid unemployment insurance.
Do you have an employment agreement? How did you know that you were required to give one month's notice? If you have an employment agreement/contract, then your employment may not be entirely "at will." If you have an agreement, what does it say about the restaurant's right to fire or demote you? If you do not have a contract stating that your employment is NOT at will, then unfortunately your employer can terminate you for any reason except one that is discriminatory. I agree with the previous poster that it is better to be forced to resign or terminated rather than voluntarily resigning, for purposes of unemployment compensation. That said, looking at the big picture, it may benefit you to stay on good terms with this employer so that you'll have a good reference.
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