If I was terminated due to a company takeover and have the option to reapply for my position, if I do not reapply am I still eligible for unemployment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was terminated due to a company takeover and have the option to reapply for my position, if I do not reapply am I still eligible for unemployment?
Our company has sold out to another company after a bankruptcy. We have all been terminated effective since the sellout and have the option of re-hire.
Asked on September 13, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have the option to be rehired at the same location, at the same or similar job (in terms of duties, level, pay), then if you refuse that rehiring, you would not be eligible to collect unemployment compensation. Only if either the position or pay was much lower, or was clearly something you are not qualified for, or was at a distant or remote location, or had a radical change in shift (e.g. night shift only, when you'd been working days) would you be able to turn down the offer or opportunity and collect unemployment. Otherwise, when you get a job opportunty roughly comparable to what you'd had before--whether with the same company or another--you are expected to take it, and to "encourage" you to take it, you are ineligible to get unemployment if you pass up the opening.
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.