If I was laid off and then offered another position for less pay, ifI say no to this offer canI be denied unemployment benefits?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was laid off and then offered another position for less pay, ifI say no to this offer canI be denied unemployment benefits?

I was a store manager. Now, they called offering me a demotion at my current store, less hours and nearly 50% less pay. I’m also 2 months pregnant.

Asked on March 2, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under these circumstances, there is a good chance that you will still be able to collect unemployment. A position at 50% less pay and in a lower-level position might be so much lower-level than your past job that it would not at all be considered a comparable position. It is when someone turns down a comparable job (which does not have to be as good as the past job, but it should be relatively close), then he or she cannot receive unemployment compensation.

However, there is no way to provide a 100% definitive answer to your question: there is an element of subjectivity to determining when a position is comparable or not, so the relevant person(s) in the unemployment office could come to a contrary determination. If they do, you would have the right to  appeal it and demonstrate that the job offered you is not comparable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption