Human Resource Blog

Employee Refuses to Accept Position Related to Dept Realignment

One of our managers asked her employees why she was behind in her work and if there is anything she could do. The employee is currently a Consumer Relations Supervisor responsible for two employees. She stressed that she is overwhelmed with the responsibility of two people , her responsibilities and the Consumer Care calls. Her manager suggested to her overwhelmed supervisor come up with a cross-training plan for her other two employees, so they may pickup additional responsibilities. The cross-training was implemented and some tasks have been divided, but the supervisor is still overwhelmed.

The manager and the supervisor met again to address the issue. The manager mentioned that she will propose some solutions to the HR Director. The manager also mentioned that if the solution consists of positions being realigned that there is a possibility of her pay and title being affected if responsibilities are removed. The employee understood.

The best solution was that the consumer Relations dept. be removed from the Administration and transferred under the Education dept. (this dept. responds to the public and licensed professionals regarding our products and resolve any complaints that may arise). This solution was also presented to the V.P. of Marketing and the Director of the Education and they agreed that Consumer Relations should be under the Education dept.

Now that everyone agrees with the solution. The Director of Education met with the Consumer Care Supervisor about her new position. This was not suppose to happen! The supervisor’s manager wanted to meet with her first. The supervisor agreed to the position by signing it.

The supervisor would become the Consumer Care Specialist where she would only do Consumer Care related work. This position brought her down to a non-exempt status and her annually salary was decrease from 40k to 37.5k which was higher than the market rate. She was asked if there were any questions and she said no.

Now the supervisor is declining the position, but it was never an option considering that we made a realignment for the best interest of the company and to alleviate the stress from the supervisor. She states that she is declining the position because she went back to the Director of Education asking if she would experience a demotion or paycut and the Director said no. The mistake was the Director discussing pay or the level of the position.

The HR Director will remind the supervisor of the previous conversations as it relates to this issue and that this was not an option. Since this was the best solution for both sides, she will now have to decide whether she wants to work in the new position or resign.

Blog Question: How do we handle this situation? What are your thoughts?

Here is the situation as we understand it: The Consumer Relations Supervisor was not meeting performance standards for her position, despite efforts to help her solve this problem. For whatever reason, the Consumer Relations department was reassigned from Administration to Education. (Perhaps a classic example of *pass the hot potato,* but that is not your question.)

Apparently this move involved a demotion and salary reduction. That seems appropriate, given the fact that the supervisor was not performing up to expectations. We do not understand why it really matters who discusses this with the supervisor — that seems like petty office politics to us.

You say the supervisor is declining the new hourly position, *but that was never an option.*  We do not understand how resigning is not an option. Do you propose to hold a gun to her head and force her to work? Chain her to the desk?

We also do not understand how the Eduction Director made a mistake by discussing pay or level of the position. Was the new salary supposed to be a mystery until the supervisor opened her first paycheck? At what point did you propose to tell her that she had been demoted? Never?  

Anytime an employee is demoted or given a salary reduction, the employee always has the right to refuse the change in working conditions and resign instead. In many cases, the employee who does so qualifies for unemployment benefits. Clearly, this employee has decided she would rather be unemployed than accept the demotion. We question her judgment because this is a really, really bad time to be out of work. But it is her right to make this decision.

You are right about one thing — the employee does not have the option of remaining in her current position, at her current salary. The employer has reorganized the department, and her choice now is between a job and no job. Many employees have trouble with the concept that in the US, a job is not a lifelong entitlement — it is a temporary arrangement.

It does not appear to us that the Education Director did anything wrong. How can he manage an employee if he is not supposed to speak to her? Nevertheless, at this point we suggest that HR and the two managers (Administration and Eduction) present a united front with this employee. All three of them should sit down with her and tactfully explain that the department has been reorganized and the exempt supervisor position eliminated. Let her know that she is a valued member of the team, and they would like to keep her on in the new non-exempt position, at the lower salary. From that point, the ball is in her court.

If we have misunderstood your question, feel free to post another one.