How can I make sure that I’m eligible for unemployment?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I make sure that I’m eligible for unemployment?

My company has removed the billing position from our call center. That position is now only located in another state. I was hired on as a billing rep only.They are now giving us the option to leave the company or transition to a different department, that will drastically change my job duties. Upon leaving I want to collect unemployment. The letter they gave us to sign does not state that our position has been eliminated but that it has been impacted. If I leave, I have to select the area that says, I am planning to exit the the business at the end of the transition. I want to make sure that the wording on the form is not saying that I am leaving on my own, which would not allow me to collect unemployment.

Asked on September 27, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Most likely, if you have been offered a job at the same or a close-by location, and that job pays more-or-less comparable to what you are currently making, you have to accept the position; or if you don't, you will be deemed to have voluntarily separated  from employment and hence be ineligible for unemployment benefits. It would be different if offered a position for which you had to relocate, or a job at a much lower salary; however, since you have no protectible interest in your specific job duties (i.e. your employer can change your duties at will), if you are offered about the same pay to work in about the same geographic area, you are expected to take it.


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