Indiana: Can unemployment be denied if offered a different position within the company?

Get Legal Help Today

 Secured with SHA-256 Encryption

Indiana: Can unemployment be denied if offered a different position within the company?

I was laid off 3 months ago from a company where I had faithfully worked hard for 29 years. My employer called and wants me to return to work and be a machine setup person. I would be paid the same wages as I was before my layoff and keep my same vacation benefits. I told him I would think about it. He said if I didn’t reply by the next day he would consider it my resignation. I did not reply. I now have received a letter from the company stating that they offered me “my job” back with the same pay with no mention of my vacation benefits. Can they deny my unemployment?

Asked on June 19, 2009 under Employment Labor Law, Indiana

Answers:

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

Answered 12 years ago | Contributor

I think it's possible, and I hope for your sake you can get the company to reconsider and let you take the job.  I'm not an Indiana attorney, but in most settings, an offer like that would be equivalent to your original job because the pay and benefits were the same.

There can be a lot of facts that are sometimes important in cases like these.  For legal advice you can rely on, please get into those facts as soon as possible, with a lawyer in your area.  One place to look for an attorney is our website:  http://attorneypages.com


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