Told to accept new position or be fired. I have until Monday to decide.
I was pulled into a meeting today myself, the gm, and a team lead. I was told since a coworker is leaving I have to now do his position (inventory/shipping/ordering/pulling orders) and my current position (administrative assistant) I’ve been offered 2$ more an hour for literally another whole job description on top of my current one. I have until Monday to accept it or be fired. Also to be noted HR was not involved. I have not reached out to them as I fear retaliation. I’ve not received a copy of anything no job description, no job title. Do I have a leg to stand on if I don’t accept? Any advice would be appreciated.
Jobadvisor
That is an incredibly high-pressure situation to be dropped into, especially with a "sign or leave" ultimatum hanging over your head. It’s understandable that you feel cornered—doubling a workload for a marginal pay increase isn't a "promotion," it's a consolidation.
Since you are in Pennsylvania (PA), here is the breakdown of your standing and how you might navigate this before Monday.
1. The Reality of At-Will Employment
Pennsylvania is an at-will employment state. This means that, unless you have a specific union agreement or a private employment contract, your employer can change your job duties, your pay (as long as it’s above minimum wage), and your schedule at any time.
Can they fire you for refusing? Yes. Legally, they can terminate your employment if you refuse to accept a change in job description.
The "Constructive Discharge" Angle: If the new duties are so burdensome or different that they essentially force you to quit, it might be viewed as constructive discharge. However, in PA, this is a high bar to clear.
2. Unemployment Eligibility
If you refuse the new role and they fire you (or if you quit because the change is "substantial"), you may still be eligible for unemployment benefits.
In PA, if an employer makes a "substantial unilateral change" to your employment terms (like doubling your workload for nearly the same pay), you may have "necessitous and compelling" reasons to leave/refuse.
Keep a paper trail: Document that you were asked to perform two full-time roles for a $2 increase and that no job description was provided.
3. The HR Factor
The absence of HR in that meeting is a red flag, but it might also be your best leverage. GMs sometimes try to "steamroll" these changes without following company policy to save the budget.
Retaliation Fears: While your fear is valid, HR's job is to protect the company from liability. A GM firing a productive employee for asking for a written job description is a liability.
The "Professional Inquiry" Approach: Instead of "reporting" the GM, you can frame your outreach as seeking clarity: "I’ve been offered a new hybrid role and want to ensure I have the updated job description and compensation structure in writing for my records. Could you provide the official documentation?"
Immediate Steps to Take
Before Monday, consider these moves to protect yourself:
Request the Job Description in Writing: Send an email to the GM (CC your personal email) stating: "I am evaluating the offer for the new combined role. To make an informed decision by Monday, please provide the written job description and the expected performance metrics for managing both sets of responsibilities."
Calculate the Math: $2/hour is roughly $80/week (before taxes). Contrast that with the cost of hiring a second full-time person. It highlights how much they are saving at your expense.
Check your Employee Handbook: See if there are internal policies regarding "Job Reclassification" or "Internal Transfers."
Your Options for Monday
The "Counter-Offer": Accept the duties but negotiate a higher increase or a "trial period" (e.g., 90 days) after which the pay is renegotiated based on performance.
The "Conditional Acceptance": Accept the role to keep your paycheck, but immediately begin searching for a new job. It is much easier to find work while you are currently employed.
The Refusal: If you truly cannot do both jobs, refuse and let them fire you. This preserves your right to claim unemployment while you look for a job that respects your bandwidth.
HR / Legal won’t terminate employee
I have a senior analyst who reports to me and I have been having clear communication with her and coaching for the past 8 months. She has continued to make mistakes that are very serious and also fails to turn in complete work on time.
In October she went on FMLA, after we had started documenting performance and I sent 3 emails where she was not meeting the expectations of the role.
She returned to work in December 2025. We manage payroll and finance. In January she mispaid people and failed to turn in appropriate financial reporting which is needed for end of year. I understand she returned from leave but at the same time none of these responsibilities changed. In addition, these are basic tasks as she has been in this role for 3 years.
I have been working with HR and legal to move to termination but they are playing with fire. She has complained to them that the team is moving too quickly, and that my tone on team calls is too stern.
I understand that termination too quickly after FMLA could
open the door to a potential retaliation lawsuit, but there is months worth of documentation and training in writing. In addition, this is a woman of color who is over the age of 40, so HR might be worried about a discrimination lawsuit.
Bottom line is that, the job requirements are not being met, and she is really disrupting the team’s morale as other folks on the team are upset by her not being able to pull her own weight.
Please let me know how I should go about managing this and what recommendations would you guys have.
Jobadvisor
This is a classic "manager vs. risk-management" deadlock. From your perspective, you have a performance problem that is creating financial risk and tanking team morale. From HR and Legal's perspective, they see a "perfect storm" of protected classes and timing that makes a lawsuit highly likely, regardless of how right you are.
In California (CA), the bar for wrongful termination is famously low, and "retaliatory" timing is often measured in months, not weeks.
Here is how you can navigate this and provide HR with the "air cover" they need to eventually approve the termination.
1. Understand the "FMLA/CFRA" Buffer
California is extremely protective of employees returning from leave. Even if the performance issues existed before the leave, the law often assumes that a post-leave termination is retaliatory unless the company can prove the employee would have been fired anyway during that exact window.
The "Stern Tone" Trap: By complaining about your "tone," she is strategically setting up a hostile work environment or retaliation claim. HR is playing it safe because they don't want to hand her attorney a narrative where a supervisor "targeted" an older woman of color immediately following a medical leave.
2. Shift from "Past Mistakes" to "Current PIP"
If HR is blocking termination, you need to ask for a formal Performance Improvement Plan (PIP).
Objective Metrics: Since you manage payroll and finance, use hard data. (e.g., "Zero errors in payroll processing for 4 consecutive cycles" or "Financial reports submitted by 5:00 PM on the 2nd business day of the month.")
Remove Subjectivity: If she claims your tone is "stern," move as much communication as possible to written follow-ups. After every call, send an email: "To recap our call, the deliverables for Friday are X, Y, and Z. Please let me know if you need clarification on these specific tasks."
3. Address the "Morale" and "Workload" issue
You cannot let the rest of your team burn out while this plays out.
Temporary Re-allocation: If legal won't let you fire her, ask HR if you can temporarily reassign her "high-risk" tasks (like final payroll approval) to someone else while she is on a "retraining" period.
The "Audit" Approach: Frame your oversight as a mandatory audit of all payroll functions to ensure end-of-year compliance. This makes the scrutiny feel less like "targeting" and more like a standard department-wide safeguard.
Strategy for your next meeting with HR/Legal
Stop asking when you can fire her and start asking what specific evidence they need to feel comfortable defending the termination.
Try this script:
"I recognize the legal sensitivities regarding her recent leave and protected status. However, the financial risk of payroll errors is a liability to the company. If termination is not an option today, I need us to agree on a documented 30-day corrective action plan with clear 'fail' criteria. If she fails to meet these objective financial deadlines during this window, will Legal then support a separation?"
Key Documentation Checklist
The "But For" Proof: Documentation that shows you were coaching her on these exact errors well before October.
The "Impact" Log: A list of the specific costs/risks associated with the January errors (e.g., "Late filing fees" or "Corrective pay cycles").
The "Support" Log: Evidence that you provided additional training or resources upon her return in December to help her "re-onboard."
FMLA questions for surgery
So,
This is all kind of pre-emptive. I've had an enlarged lymph node in my neck for months. Way longer than I should, but I saved up enough money to get it biopsied and check to see if it's cancerous. It's a little smaller than an egg, and it's concerning my coworkers.
In the event that it's malignant and I need surgery, I have questions about FMLA.
Personal details:
I am a waitress. I work for a large chain, and our location employs more than 50 people.
Our company website lists my average hours as 24.56 weekly, so 1,277 annually.
I've worked there longer than a year. Five, actually.
I live in an at-will state
Questions:
How to go about this process?
When my employers need to know?
Who should I be talking to?
If I am not qualified... Why?
If I am, do I have to make use of all of the hours?
If you know anything about this topic, please let me know! I'm not trying to be a hypochondriac and panic, but I absolutely cannot afford to lose my job on top of a scary diagnosis, so I'm preparing in advance.
Jobadvisor
First off, I am so sorry you’re dealing with this. It is completely normal to feel a bit of "pre-emptive" panic when you're balancing a health scare with the need to keep your lights on. You are doing exactly the right thing by looking at the logistics now.
Since you work for a large chain with 50+ employees and have been there for five years, you are in a very strong position for FMLA coverage. Here is the breakdown of how this works and what you need to do.
1. Do You Qualify?
Based on your numbers, yes, you likely qualify. To be eligible for FMLA, you must meet three criteria:
Time at Company: At least 12 months (You: 5 years — Check)
Employer Size: 50+ employees within 75 miles (You: Large chain — Check)
Hours Worked: At least 1,250 hours in the 12 months before leave begins.
The Math: You mentioned you've worked 1,277 hours annually.
The Catch: This is very close to the 1,250-hour cutoff. If you take a week off or have a slow month before your surgery, you could dip below the line.
Pro Tip: Try to keep your hours steady or pick up an extra shift or two now to give yourself a "buffer" so you don't accidentally fall to 1,249 hours right when you need the protection.
2. When to Tell Your Employer
The Rule: If the surgery is "foreseeable" (planned), you are generally required to give 30 days' notice.
The Reality: If your diagnosis comes back and your doctor says, "We need you in surgery next week," that is considered not foreseeable. In that case, you just need to notify them "as soon as practicable"—usually the same day or the next business day.
At-Will State: Being in an "at-will" state means they can fire you for no reason, but FMLA is a federal law that overrules at-will employment. If you are on FMLA, they cannot fire you for being absent.
3. Who Do You Talk To?
Since you work for a large chain, talk to Human Resources (HR) rather than just your Floor Manager.
Managers at restaurants are great at floor charts, but they often don't know the nuances of federal labor laws.
Ask HR for the "FMLA Eligibility Notice" and the "Medical Certification Form."
Confidentiality: You do not have to tell your manager your specific diagnosis (e.g., "I have cancer"). You only need to provide enough information to show the leave is for a "serious health condition." The doctor's form will handle the technicalities.
4. How the Process Works
Request Leave: Tell HR you need FMLA paperwork for an upcoming surgery.
Certification: Your doctor fills out a form confirming you have a serious condition and estimating how long you’ll be out. You have 15 days to return this to your employer.
Approval: HR has 5 days to tell you if your leave is officially "designated" as FMLA.
The Leave: You can take it in one block (e.g., 4 weeks for recovery) or intermittently (e.g., 2 days off a week for treatments).
5. Do You Have to Use All the Hours?
No. FMLA gives you up to 12 weeks per year.
If you only need 3 weeks to recover from surgery, you use 3 weeks and "save" the other 9 in case you need them later in the year for follow-up appointments or further treatment.
Note: FMLA is unpaid.
However, if you have any accrued sick leave or vacation time, your employer may require (or allow) you to use that so you still get a paycheck.
A quick piece of advice from one human to another: Take a deep breath. You've already done the hardest part of the paperwork side by tracking your hours and checking the employee count.