Indiana: Can unemployment be denied if offered a different position within the company?
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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 14 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
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