If new owner of my company is moving it from one state to another, what are my options as far as unemployment?

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If new owner of my company is moving it from one state to another, what are my options as far as unemployment?

MA to RI.

Asked on August 23, 2011 Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may be able to collect unemployment (assuming, that is, that you meet the other criteria; e.g. enough hours worked). While normally you can only collect unemployment benefits if you were terminated in some way--fired or laid off--there is a doctrine called "constructive unemployment." This means that if the employer changed the job in some fashion so that you could no longer work there, that may be held to have constructively, or effectively, fired you. The most common source of constructive termination is a distant relocation of the job or position, or a transfer to a distant location, since an employee is not required to uproot his or her entire life to follow the employer. However, you can't look to receive unemployment until the relocation actually occurs.


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