Nov my employer eliminated my position, offered me another position & said if I refused this work I ‘d be quitting & ineligible for unemployment TRUE?

UPDATED: May 28, 2009

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Nov my employer eliminated my position, offered me another position & said if I refused this work I ‘d be quitting & ineligible for unemployment TRUE?

Pay’s the same-work isn’t & 2nd shift instead of 1st which I’d been on for 8 yrs. The WI Dept of Wrkfrce Dev site reads:EXCEPTIONS TO THE STANDARD QUIT DISQUALIFICATION: the employer required that the employee transfer to a different shift than s/he was hired to work, the new shift results in a lack of child care for minor children & s/he is able to work full-time on the shift that s/he last worked for the employer. I took the position to avoid being w/o income but the shift & work is horrible-emotionally wearing & I’ve had to change my entire way of life. Can I quit & rec. unemploy. benefits?

Asked on May 28, 2009 under Employment Labor Law, Wisconsin


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The Wisconsin Department of Workforce Development conducts a fact-finding interview to learn all the circumstances regarding why you quit (if you do quit). Only then can it make a final decision on whether you would be eligible for benefits based on the unique facts of your case.

Perhaps you can speak to someone at Workforce Development about your situation. The department may be able to offer you some suggestions or advice on how to work out your current employment situation.

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 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.

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