If I was laid off and then offered another position for less pay, ifI say no to this offer canI be denied unemployment benefits?

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If I was laid off and then offered another position for less pay, ifI say no to this offer canI be denied unemployment benefits?

I was a store manager. Now, they called offering me a demotion at my current store, less hours and nearly 50% less pay. I’m also 2 months pregnant.

Asked on March 2, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under these circumstances, there is a good chance that you will still be able to collect unemployment. A position at 50% less pay and in a lower-level position might be so much lower-level than your past job that it would not at all be considered a comparable position. It is when someone turns down a comparable job (which does not have to be as good as the past job, but it should be relatively close), then he or she cannot receive unemployment compensation.

However, there is no way to provide a 100% definitive answer to your question: there is an element of subjectivity to determining when a position is comparable or not, so the relevant person(s) in the unemployment office could come to a contrary determination. If they do, you would have the right to  appeal it and demonstrate that the job offered you is not comparable.


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