Laid off and in Chapter 13

[Pjmax]

Whatever comes from your employer like severance is one thing, but generally speaking, if you refuse work, except for a very good reason, the state can deny you unemp. benefits. If your current employer doesn't tell the unemployment office you were offered another job, you will be fine.

[Sammie]

MT, I worked as a Manager in Personnel for a well known Casino. Do NOT believe Management period! Severance and separation are two very different issues. If you resign you CANNOT collect unemployment. Unemployment will send a separation notice to your employer asking them for the reason of separation. They will put down that you resigned even though you were offerred another position. You will be sent a separation determination from UE which will be automatic denial of unemployment.

If down the line they lay you off with a severance package you will be able to collect unemployment but, only after using the severance money first.

As others have said, accept the position, because since they have already offerred the job to you, you are ineligiable for unemployment. You know what you have now but employers will do anything they can not to have to pay out UE. sammie Please keep us advised.

[Sammie]

Well that's not true because they did tell me that the severance package and separation would be valid even if I didn't accept it.

If I had a dollar every time one of our employees told this to the person at their "Exit Interview" our home would have been paid off & I would not have filed for Bk. Do Not believe Management---get it in writing., only they won't do that, put it in writing.

[mountanddo]

So you mean to tell me that if I don't accept my job back they can deny me unemployment?

What happens if I take the job back and they subsequently fire me for poor performance? Will I get unemployment then?

[mountanddo]

I don't understand how doing this to one person out of the 18 that were let go will save them money. What is the purpose of that? Besides I'm the lowest paid person so the UE isn't even that much. Why wouldn't they offer the job back to someone that has been there a longer time? LOL - Never mind, I answered my own question. I'm an idiot.

[Pjmax]

So you mean to tell me that if I don't accept my job back they can deny me unemployment?

Yes, they can. Doesn't mean they will, but as Sammie said, don't trust what the employer is telling you.

What happens if I take the job back and they subsequently fire me for poor performance? Will I get unemployment then?

You should.

If you are laid off (which you were, even though it's not effective until the end of the year,) and offered another job, which you refuse, you can be denied unemployment benefits, unless your refusal is for a very good reason and even then, you'd have a fight on your hands.

For example: you are laid off, then offered another job at the same company. Your original job was an office desk job, the new one is in a warehouse requiring heavy lifting. If you turn down the new job, you wouldn't have much trouble collecting, because it is quite different from what you were originally hired to do. This is an extreme example, just to explain the point.

Take the new job, if you are qualified for it. If you are just not happy there, take the job and look for a new one. As I said before, unemployment only lasts so long, and what will you do when it runs out?

[Sammie]

So you mean to tell me that if I don't accept my job back they can deny me unemployment?Yes, this is correct. They are offering you another position, you will not be eligible for unemployment. Your friend that just gave her 2 wks. cnnot collect (assuming she resigned without getting another job).

What happens if I take the job back and they subsequently fire me for poor performance? Will I get unemployment then?

This depends. If poor performance means frequent absences ie. 3 days out, no call, no show. Unemployment will be denied. Most companies, you have to be written up 3 times & you must sign the form addressing your infractions, before you are fired. Companies do not want to terminate employees because it raises their UE Compensation (more money they have to pay out) therefore, they prefer people to resign, UE benefits are denied. [/B]

I know that this isn't the news you wanted to hear, but I would rather tell you now, then you writing next month that your UE was denied "even though THEY SAID". "They lie" and is done as making a "good business decision" sammie

[Sammie]

I don't understand how doing this to one person out of the 18 that were let go will save them money. What is the purpose of that? Besides I'm the lowest paid person so the UE isn't even that much. Why wouldn't they offer the job back to someone that has been there a longer time? LOL - Never mind, I answered my own question. I'm an idiot.

You are not an idiot! & you just answered you own question. lol UE in most States is still 2/3 of your base Gross Pay. PJ gave you the right answer, take the job and look for another one. It is always easier to get a job when you have one.

The questions you have are very logical and unless you have been working in HR or Personnel you would not know these answers. sammie

Hi there PJ!

[mountanddo]

I have another question. Did they have to offer the job back to me? They laid off 18 people but only me from my department (call center) and then another FT employee in my department quit. Would they have gotten in trouble if they didn't offer it back to me?

[Pjmax]

Hi there, Sammie!!

M, unemployment insurance comes out of your pay, but the company you work for pays a share also. When they remit to the state the amount taken from your gross pay, they also have to remit their share. When an employee is laid off and collects unemployment, that company's rate (their share, the amount they pay for each person) goes up. As Sammie pointed out, many (but certainly not all) companies will fight like crazy to avoid having former employees collect unemployment benefits, because their rates (costs) go up overall.

They probably offered you the job because they like you!!

[mountanddo]

LOL, well it would be much easier to go in to work tomorrow knowing that they weren't forced to hire me back because the other employee quit at the wrong time. I just thought they had to offer it back to me before they offered it to someone else or they went outside the company looking to fill the position.

I'm also in a weird position because the girl that quit told me that one of the reasons she quit was because they laid me off. I told her that was a stupid reason but she did it anyway. Now they offer ME the job she quit in protest of me getting laid off. She's only 24 so she doesn't understand that lay offs aren't really personal sometimes. So now she's upset with me that I'm taking the job back! Looks like I have no choice though.

[Pjmax]

I have another question. Did they have to offer the job back to me? They laid off 18 people but only me from my department (call center) and then another FT employee in my department quit. Would they have gotten in trouble if they didn't offer it back to me?

I don't know with whom they would get in trouble.

Is it unethical to layoff someone for, say, lack of work, then hire someone from outside the company to fill that position? Yes. It happens all the time, and usually the job description is changed so it appears to be a 'new' position. People do bring lawsuits over such things, but from what I know it can drag on for years, and the person bringing on the suit is most likely footing their own legal bill.

[Pjmax]

LOL, well it would be much easier to go in to work tomorrow knowing that they weren't forced to hire me back because the other employee quit at the wrong time. I just thought they had to offer it back to me before they offered it to someone else or they went outside the company looking to fill the position.

It's a good thing for a company to offer a job that opened up, to a former (or almost former in your case,) employee. I don't know who would be forcing them to do anything.

If your company is under a union contract, there are probably rules about this and seniority stuff, but you didn't say anything about a union or job contract.

[mountanddo]

Okay, thank you PJ, both you and Sammie have been a huge help! I'll just go back, assume they like me and since the other girl quit were able to offer me my job back. I'll just tell the other girl I have no choice - Which I don't.

[Sammie]

[QUOTE=Pjmax;589699]Hi there, Sammie!!

M, unemployment insurance comes out of your pay, but the company you work for pays a share also. When they remit to the state the amount taken from your gross pay, they also have to remit their share. When an employee is laid off and collects unemployment, that company's rate (their share, the amount they pay for each person) goes up. As Sammie pointed out, many (but certainly not all) companies will fight like crazy to avoid having former employees collect unemployment benefits, because their rates (costs) go up overall.

Way to go PJ!!

M--everything PJ mentioned is correct. ( I think we worked together in the Personnel Dept) lol

Your friends reason for quiting in not your problem. A "true" friend would not ask you not to take a position that would beneft you.

They probably gave you the position because you are most qualified. Now I have a question for you. Is this a lateral move, or will you be getting an increase in pay? Hmm--let me guess? Don't be concerned about their reasons. We are really glad that you posted this today because it could have turned and blown up in your face.

True story. Last Easter we went up No. to visit family. One of the husbands preceeds to tell me that he can't do his job because of high blood pressure, the boss (in a National Co.) told him not to worry, resign from his position & they will put him in a desk job. I told him to get it in writing bc it won't happen & he would not get unemployment. Guess what happened? They didn't, he resigned and no unemployment. His remark to me was "but they said"! His wife had to work extra hrs. & get food stamps to feed their kids. He just got a job last month.

Please let us know what transpires & you are most welcomed. sammie