Queens, NY asked in Employment Law for New York

Q: My employer didn't keep the promise to raise my pay so I resigned.

I have been negotiating a new salary with my employer for some time now. Two weeks ago, May 25, he finally proposed a new pay rate and a bonus structure. I took the offer and was told that it would go in effect that very same day. Then a week later, he came with a different pay rate, which was much lower than what was promised a week ago and said that this is his final decision and it would go in effect the next week. I got furious since it wasn't the first time he broke the promise. So I resigned the next day and told him that I consider it being fired. Now, I was notified by the compliance officer telling me that I shouldn't apply for UI because I resigned voluntarily. My question is, can I argue that I was fired or forced to resign and apply for UI?

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: How would you do that?

If your pay was substantially cut that would be a different scenario and you could argue constructive discharge.

I am not familiar with any cases which hold that not getting a promotion or a raise was good cause to resign. You may want to return to that job or at least offer to return for now.

Had you landed another position with some other employer, then told this most recent employer that you were resigning, then were denied the position with the new employer which you had confirmed was approved, that would likely be good cause to resign.

Go back or at least try to go back. See what their response is, i.e. they hired someone else, then decide whether you can prove good cause for not returning to your old job, after you have tried to get that job back because most employers will rehire good employees who already know the system rather than risk hiring and training a new employee.

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