If my position is eliminated and another position is created that is different, must I apply for the position in order not to jeopardize my right to unemployment?

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If my position is eliminated and another position is created that is different, must I apply for the position in order not to jeopardize my right to unemployment?

My position was recently eliminated in a reorganization. However, a different position has been created that is not the same as mine. I do meet the minimum qualifications of that position, however I know that I do not meet the desired qualifications. I was told that if I do not apply for this position, I may jeopardize my right to receive unemployment. No offer was made to me, however an email from my supervisor to HR stated that, “The current position has been eliminated and, she decided not to apply for the new positions”.

Asked on March 7, 2012 under Employment Labor Law, Hawaii

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your employment position has been eliminated where you no longer have a job with your former employer, your failure to apply for another position with your former employer will not impact your ability to possibly get unemployment benefits.

With that in mind, I would file for unemployment and then begin your search for new employement.


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