If I was terminated due to a company takeover and have the option to reapply for my position, if I do not reapply am I still eligible for unemployment?

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If I was terminated due to a company takeover and have the option to reapply for my position, if I do not reapply am I still eligible for unemployment?

Our company has sold out to another company after a bankruptcy. We have all been terminated effective since the sellout and have the option of re-hire. 

Asked on September 13, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have the option to be rehired at the same location, at the same or similar job (in terms of duties, level, pay), then if you refuse that rehiring, you would not be eligible to collect unemployment compensation. Only if either the position or pay was much lower, or was clearly something you are not qualified for, or was at a distant or remote location, or had a radical change in shift (e.g. night shift only, when you'd been working days) would you be able to turn down the offer or opportunity and collect unemployment. Otherwise, when you get a job opportunty roughly comparable to what you'd had before--whether with the same company or another--you are expected to take it, and to "encourage" you to take it, you are ineligible to get unemployment if you pass up the opening.


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