Can an employer give you a new contract and say sign it or you voluntarally resign?
My employer wants to change the terms of my contract changing my pay and the hours I am allowed to work. I was told they are not "terminating" my original contract just changing it and if I don't accept that than I am choosing to voluntarally resign. What are my legal rights in this situation?
Answer:
A few facts are missing, but I'll try to explain what I understand of the question. Generally, an employee and employer either make a written contract periodically which they both sign, and then that agreement controls their relationship, or the agreement is verbal and theoretically renews itself everyday when the employee shows up ready to work and the employer accepts the work on the terms agreed upon.
Now, when you have a written contract, if the contract is expiring by its terms (which means for example that it was a one year agreement and the year is up) then the employer offers a new agreement and you accept or reject. If the terms of the new offer are substantially different (like half time, or half pay, or no benefits when you had benefits, major demotion in the organization, really crappy change of work assignment, assignment to work that you are clearly overqualified for, etc.) then you can refuse the change and the law looks at that as constructive discharge. In other words, the employer has changed the nature of the job so much that it is essentially a different job that is being offered. In that case you are eligible for unemployment benefits. You may get denied initially because the employer will claim that you quit voluntarily, but then you write out all the facts and file your appeal, and in Colorado on this type of matter, you would win the benefits. If the contract has not expired, or does not have an expiration date, then the attempt to change the contract is again constructive discharge if the things outlined above exist. You can file your unemployment claim yourself online. You can even file for the appeal. I heartily recommend, however, that you hire a lawyer for the actual appeal hearing.
