Can my employer ask me to reapply/reinterview for a position that I currently hold and have held for the last year and a half?

Their reasoning is that they must eliminate 1 position in the office, and have posted the job to the public as well as verbally inviting us existing employees to reapply for our positions. They will not provide us with any other information. If I decline to reapply for my job, are they then laying me off due to a reduction in force? Or, would that be considered as my resignation? I am asking from a standpoint of whether or not I would be eligible for unemployment benefits while searching for a new job.

Asked on September 1, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1 Yes, they can make existing employees re-interview or reapply for their positions.
2 If you decline to reapply and they terminate you, that should be a termination, not a resignation, so long as you did not in any way indicate that you were or wanted to leave employment. Therefore, you should be unemployment eligible if terminated.
3 They don't need to offer you more information, though it would be more professional to do so.


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