If I was terminated due to company buy out, am I eligible for unemployment benefits?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was terminated due to company buy out, am I eligible for unemployment benefits?

I was told today with absolutely no notice that my employment with my current company was terminated as of me clocking out that day. Thi8s is due to my employer, a hotel, being purchased by another company. I was then told to show up for my shift anyway tonight and work my shifts until the new owner comes to tell me what my pay will be or if I can even keep working for him. Do I have to show up and keep working? Or can I claim unemployment at this point?

Asked on February 10, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you've been offered a new job with the new owner, then you can't claim unemployment. First, depending on exactly how the transaction and the change over was done, it may be the case that while you're "under new management," that you never actually lost your job--just the name on the paycheck changes. If you were technically fired and immediately offered the same job again by the new ownership, you can't collect unemployment compensation if you have an comparable job offer you could accept--and the same job, just for a new owner, is by definition comparable. So while your frustration is natural, it is premature to consider yourself fired and file for unemployment compensation; wait to see what happens and changes.


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 lock Secured with SHA-256 Encryption