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DHealy

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

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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

DHealy

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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?

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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".

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