Am I eligible for unemployment?

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Am I eligible for unemployment?

My sales position (in CA) was eliminated, my employer offered and assumed that I would take a job in Accounting, they did not tell me what the Accounting job entailed, but I have never done accounting. The position also paid significantly less than my Sales position. I asked if they could pay me more than what they initially offered to pay me for the Accounting position, they said they could not do that. They then asked me to leave by 2pm. They have indicated to EDD that I quit, and did not take the accounting position they offered. Am I still eligible for UI Benefits?

Asked on May 24, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are more facts that I think would be necessary to give you a reliable answer to your question, and I'm not a California attorney.  You should talk to a lawyer in your area about this, and one place to find an attorney is our website, http://attorneypages.com

The way you've described it, the employer took your question about the pay for the accounting job as a refusal, and that might not hold up.  In basic contract law, a counter-offer is considered a rejection of the original offer that was received, but depending on all the details of what was said here, you might be able to argue successfully that you didn't turn the original job down.  There may be other issues that help you here, as well.


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