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Company relocating and I'm offered a position, but I don't drive

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skanoodles

Junior Member
What is the name of your state (only U.S. law)?
NJ

I've been working at this company for a little over a year, and I found out that the location that I'm working at is closing. I walk to work which is about a 20 odd minute walk from home. I don't know how to drive and don't have a car anyways but- I've been offered a position that is about 1 hour away from my house by public transportation (walking and 2 trains figured in there.) I don't want to take the position because I dislike the job, and walking at 9:30 at night in the middle of winter across a busy street to start my trek home doesn't sound very appealing. I've tried asking for advice from the NJ Labor department, but it's been fruitless until I actually apply on Monday for unemployment. Can I get some advice on the situation? I know my employer will try to deny my claim!

(taken from NJ Labor Dept. website)

Q. If a company relocates and offers me a job at the new location, do I have to take it?

A. If the distance you have to travel to accept this offer of employment creates an undue hardship or the job duties or hours of work significantly change, then you may be able to refuse the new job and receive benefits. A claims examiner will review your reasons for not relocating and determine if you are eligible.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
NJ

I've been working at this company for a little over a year, and I found out that the location that I'm working at is closing. I walk to work which is about a 20 odd minute walk from home. I don't know how to drive and don't have a car anyways but- I've been offered a position that is about 1 hour away from my house by public transportation (walking and 2 trains figured in there.) I don't want to take the position because I dislike the job, and walking at 9:30 at night in the middle of winter across a busy street to start my trek home doesn't sound very appealing. I've tried asking for advice from the NJ Labor department, but it's been fruitless until I actually apply on Monday for unemployment. Can I get some advice on the situation? I know my employer will try to deny my claim!

(taken from NJ Labor Dept. website)

Q. If a company relocates and offers me a job at the new location, do I have to take it?

A. If the distance you have to travel to accept this offer of employment creates an undue hardship or the job duties or hours of work significantly change, then you may be able to refuse the new job and receive benefits. A claims examiner will review your reasons for not relocating and determine if you are eligible.

Does the 1 hour commute (an additional 40 minutes) create an "undue hardship?" You have no complaint about the time or distance. Your only complaint seems to be walking across the street in inclement weather. (But it's ok to walk 20 minutes to work in inclement weather :confused:)

I think this is going to be a shaky one for you.

ETA: You ALSO don't want to take the new position because you don't like your job. That, I can assure you, is NOT grounds for you to collect unemployment!
 

skanoodles

Junior Member
I live in the same town as the store, and I can get a ride sometimes from a family member. The other location is about 15 miles away and a 1/2 drive or an hour away by walking and two trains. I realize that not liking your job is not any grounds for quitting or receiving unemployment. But I don't like this position and I don't like the distance, time, or money I'd have to be spending to get to this new location.
 

cbg

I'm a Northern Girl
If the NJ UI commission can't give you a definite answer, we certainly can't.

BTW, your employer does not either grant or deny benefits; only the state can do that. The employer has the right to contest, just as you have the right to file, and either party has the right to appeal if the decision goes against them. But only the state gets to make the final decision.

You're probably right that the employer will contest, though; I certainly would, if I offered an employee a job at the new location and he turned it down and then applied for UI. It's not the employer's fault you don't know how to drive.
 

csi7

Senior Member
Apply for unemployment benefits.
Leave out the personal feelings about not liking the job.
Your regular mode of transportation is walking.
Your job downsized.
 

cbg

I'm a Northern Girl
I don't think there is a single state where it is required that you make a personal appearance at the UI office. Online, or phone, enrollments are available just about everywhere.
 

commentator

Senior Member
Okay, IF the site where I now work closes down. You indicate this may happen, has not happened yet. And--
IF the company offers me another job at there other site. This hasn't happened yet, either. They may actually not offer you a job, they may say, hey, we're closing this job site Friday. Good bye. You'll file for your unemployment benefits while looking for another job. You don't have to be able to drive a car. You were working here, and not driving a car.

If they do say " Can you transfer to our xxxxx site?" and you don't want to do it, then you say, "No, thank you, it is too far for me to commute since I'd have to take the bus, you know I do not drive."

Don't be dumb and ask your employer if this will affect your getting unemployment, or anything else about it. As someone has said, the company does not determine whether you get unemployment or not. Do stay and work till the last day, till the site closes, or until they tell you they no longer need you. DO NOT quit now unless you have found another wonderful new job to go to.

Be looking all the time for that new job, incidentally. Unemployment, even if you get it, will not be much money and will not last for long. Your mistake has been to try to figure out what would happen IF this and this and this. Ride this horse as long as you can. Wait and see if it does close, if they do offer a transfer, if you don't have a new job to go to.

If you call and ask, the unemployment office couldn't answer a question like that for anything. They might be able to give you very general answers to general questions, or more information about a specific claim that you have already filed. But even then, they cannot say yes or no about an issue like this. It will have to be given a decision.

Say the business does close. You do not accept the transfer. You file for unemployment. First they will have to determine you have the monetary eligiblity for unemployment benefits, meaning you have the wages set up in the appropriate quarters to be eligible. If you don't, forget unemployment, regardless of what else has happened.

Then they will take your claim. One of the question they will ask is "Why did your job end? Why are you no longer working?" your response will be that the site where you were working closed down.

Another question will be "Have you been offered other work since this job ended?" Your response will be "Yes, I was offered a transfer to another job site of this employer, but I did not accept it."

Of course they will then ask "why not?" And your response needs to be "I do not drive a car, and on this job I was walking about twenty minutes to get to work. On the other work site, I would have to commute about an hour each way to get there, using public transportation."

That's the unnecessary hardship they are talking about. They don't care how scared you are catching the bus at night,or how cold it is waiting for the bus, or that you really didn't like the job in the first place.

Your response will be that it is an excessive commuting distance. No more no less. Then you will be asked if you are able, available and actively willing to seek full time work. You will be telling them yes, as long as it is within a reasonable commuting distance, they will ask you what you would consider a reasonable commuting distance, and you may not say you consider a reasonable distance any less than you were commuting to get to your old job which has ended.

We cannot say for sure that you will be approved for benefits under these circumstances. We cannot even say that you will ever have to worry about this. But that's a general idea of how it works. You would have a fair to middling chance of getting approved, if you act intelligently in this potential circumstance.

The one thing you do NOT want to do is accept a transfer to the new job location, try it out for a few days and then quit because you find it is just too terribly hard to get there. That would be considered a voluntary quit, and you would almost certainly NOT be able to get unemployment in this circumstance.
 
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skanoodles

Junior Member
Well it's easy to get to the unemployment office where I live, I can take the train and walk a little bit to see if I can get an answer! I have called unemployment but they were not able to give me any answers until Monday, and I wanted to see if someone was in the same situation/knew anyone/has any good free advice. I really appreciate all the helpful comments.

But I am sticking with the job until it ends on Friday. I haven't said anything to anyone about applying for unemployment, and I have been saying that I do not know how I am going to get to this other location that I've been offered a job at and haven't turned them down for this position. I am not going to accept the job and then quit after a few days because it is so far away, I have been reading about unemployment laws in NJ. I have been working on finding a job since May (I do have 2 degrees and this job is just holding me over until I find something in my field or that I'm more qualified for.) I do realize that unemployment money only gets you so far, and that's fine with me. I'm biding my time until something comes along and am avidly seeking employment elsewhere. I never wanted to be 25 and unemployed. I think that commentator said it best, and I will check my personal feelings about the job when I apply for unemployment on Monday and will act intelligently as possible in this situation.
 
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pattytx

Senior Member
Honestly, you "not being able to drive" is NOT the employer's fault. Is there a medical reason for that?
 

Betty

Senior Member
You noted the other location is only something like 15 miles away & a 1/2 hr.
drive. Why do you not drive as Patty asked?

Thanks.
 

skanoodles

Junior Member
Yes, I don't have a driver's license. I live near Philadelphia and have had no trouble in the past finding work around my home in NJ and positions in Philadelphia that were not far.

I don't want to learn how to drive, and I don't have money for insurance or any other responsibilities that come with a car.
 

pattytx

Senior Member
Again, not your employer's fault. In this job market, you just can't limit yourself to companies within walking or public transporations access. You'll find yourself out in the cold and very possibly without unemployment benefits as well.
 

commentator

Senior Member
Absolutely okay not to drive if you have been working for a covered employer long enough to have an unemployment claim. You were obviously coping and dealing with not driving a car, still able to be employed, and you will be asked to be looking for your "customary" type of job with a "customary" commute distance for you. Hope things work out for you.

After several experiences up there, I probably wouldn't ever drive if I lived in Philadelphia either!:)
 

aldaron

Member
Go down to the philly welfare office and tell them you need a car and it has to be a mercedes. Don't forget to mention Obama, Pelosi and Barney Frank have your back. Demand a prepaid gas card too.
 
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