Can I collect unemployment?

[rdwar]

What is the name of your state (only U.S. law)? CA

Hi guys,

I have a quick question. I am currently employed full time with a company. I have a choice of either leaving the company (basically being fired for not doing a good enough job) or accepting a new position that is a demotion, at a location further away, and with a substantial pay cut and which is part time. Would I still qualify for unemployment benefits in California under these circumstances? The current location is approximately 5 miles from my house while the new location is 30 miles and the travel time each way is approximately 1 hour on average. Additionally with the pay cut, this would make the new position both far more costly to get to and from as well as receiving much less pay. Would I qualify for unemployment benefits in such a case if I did not accept the new position? Or if I did accept it, would I be able to receive at least partial benefits because the new position is part time?

Thanks.

 

[BigMouthWino]

Possibly, in either case file with the state for your benefits. It costs you nothing and they will let you know either way.

 

[commentator]

First of all, think long and hard about whether you want to turn down the new job, with or without the unemployment benefits. Jobs are hard to find. Could you accept it and then later find something closer to your house while you're working at it?

If you decide that no, definitely, I do not want to take the new job, it's a 60 mile drive each day, a demotion, is part-time, and has basically been offered to me because they want to get rid of me, then let them know this.

Not as in "I quit" and make it very clear you want to continue working for them, you do not chose to quit the job, but if this new position is all they now have avalable for you, you cannot accept. Let them be the drivers on the firing, don't agree to quit for a "better reference", don't sign anything saying you quit, make it very plain that you don't want to quit, but this new job is not acceptable. If they say, "Then you're fired for performance issues!" or somethign stupid like that, it will greatly increase your chances of drawing unemployment benefits while you look for another job.If they wanted to fire you for performance issues, they have to show that you had the ability to do better, that you were able to do the job better, that you were given the opportunity to improve your performance and you deliberately chose not to do it. Say that you always did the job to the best of your abilities.

If the employee's misbehavior or performance or whatever is so bad that they are trying to get rid of them by offering them a much less good job with less hours, less benefits, in a lot further away job location, it's pretty easy to see that they are trying to get rid of them and avoid their unemployment responsibilities. So you file at once for benefits, saying what you've said here. You didn't want to quit, you were offered no alternative except this part time demotion in a far away location. And you'll have a fairly good chance of being approved for benefits.

WARNING. If you do decide to take the job, try it out for a few days and then find out that you can't do it, it's just too far to drive, you're not making much money, etc. and you quit the job, all possibility of getting approved for unemployment insurance is off at this point. Because you knew the terms of the job when you accepted it, and you agreed to those terms when you started working there. So you have now voluntarily quit the job without a good reason, no unemployment likely.

If you decide to take the job, work for one full Sunday to Saturday week, and make such gross wages that you could have drawn more in a weekly unemployment pay out, then you can file for partial unemployment insurance benefits for that week. You'll be paid a small amount of your unemployment as well as the wages you report. This is called partial unemployment insurance.

But most companies, when they're trying to get rid of you will carefully make sure that you get paid just a tiny bit more than you could draw in benefits each week. It's still less than full time, but then unemployment isn't as much money as working, has never been designed to be. And of course it's temporary, so you'll be looking diligently for another job while you're getting it.