Jump to content


Photo

does one have to accept a much lower paying job from ones employer when....


  • Please log in to reply
4 replies to this topic

#1 DHealy

DHealy

    New Member

  • Members
  • 1 posts

Posted 13 February 2013 - 01:39 AM

ones *regular* job position (through that same employer) has been eliminated? 2 days notice, nothing written, just "your job has been eliminated."

I will file an unemployment application, I'm concerned if I refuse this offer of a lesser paying job (less by 40%), I will be denied unemployment compensation. I'd prefer unemployment compensation for a month or so while I'll try to find employment so I can support myself

My soon to be ex-employer is a Kansas based privately owned corporation company doing business in California.

Thanks ahead of time for your comment[s]
DHealy

#2 JusCogens

JusCogens

    Member

  • Members
  • Pip
  • 27 posts

Posted 13 February 2013 - 08:24 AM

What was the reason provided for the job elimination? Was this a situation where other employees holding that position were allowed to remain and only your position was eliminated?

As a general rule, employers are permitted to run their business as they see fit (including eliminating positions or even outright termination of employees) so long as such action is not in violation of the law. In an at-will state (you can quit at any time, the employer can fire you at any time) employers are not required to provide alternate placement for workers who have their jobs eliminated.

Are you claiming that the actions of your employer were based on some discrimination on their part?

#3 Fallen

Fallen

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 59,485 posts

Posted 13 February 2013 - 08:35 AM

You may qualify for partial unemployment benefits based on the pay cut even if there weren't a job change. Employer's not required to give you notice, and it was free to just give you a pay cut without job switch (or let you go altogether). You don't refuse the job offer unless it pays LESS than unemployment (unlikely, given how crappy unemployment benefits are). You meanwhile start looking for a new job, and understand the reality (even if silly) that people who are unemployed are less desirable candidates than folks who are already employed.

"I'd prefer unemployment compensation for a month or so while I'll try to find employment so I can support myself"

That doesn't make a ton of sense, unless 40% of your old job is far less than unemployment benefits.

"My soon to be ex-employer is a Kansas based privately owned corporation company doing business in California."

Not relevant where the employer is "based".

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 NewYorkEmploymentAttorney

NewYorkEmploymentAttorney

    Member

  • Members
  • Pip
  • 43 posts

Posted 13 February 2013 - 08:40 AM

In New York State a 40% pay cut may qualify as constructive termination and could potentially allow you to collect unemployment benefits even if you refuse the work at the reduced rate.
Posted ImageThis answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to matters in New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us at our website: www.QueensEmploymentAttorney.com or via Twitter (https://twitter.com/#!/EmployAttorney) or Facebook (http://www.facebook....RicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

#5 FindLaw_Amir

FindLaw_Amir

    Platinum Contributor

  • Moderators
  • 62,345 posts

Posted 13 February 2013 - 09:22 AM

To learn more about this subject matter, you may visit the Employment Law Center and read Unemployment Benefits as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users