forced resignation or term?-NJ

[glinters]

My current position is expanded and I would be taking on many new and additional responsibilities, but my employer is not offering any additional compensation. Taking on these new responsibilities can potentially negatively impact my earnings as their troubled situation could prevent me from earning the same bonus, my current position offers. I was given the ultimatum that me accepting this change was nonnegotiable. Since the terms were unfavorable, I asked when they would require me to vacate my position. They have said that if I don't accept the new position I am resigning. This will mean they do not have to pay severance or UI. Can they do this? If my current position is no longer available and the new position does not interest me- doesn't that mean they are discharging me? I dont' want to leave as a resignation, I want the benefits I have earned.

 

[justalayman]

My current position is expanded and I would be taking on many new and additional responsibilities, but my employer is not offering any additional compensation. Taking on these new responsibilities can potentially negatively impact my earnings as their troubled situation could prevent me from earning the same bonus, my current position offers. I was given the ultimatum that me accepting this change was nonnegotiable. Since the terms were unfavorable, I asked when they would require me to vacate my position. They have said that if I don't accept the new position I am resigning. This will mean they do not have to pay severance or UI. Can they do this? If my current position is no longer available and the new position does not interest me- doesn't that mean they are discharging me? I dont' want to leave as a resignation, I want the benefits I have earned.

Your current position is still available, it just comes with more responsibility, you stated this in the very first line of your post.. If you should choose to leave the company it is on you. They have not forced you to leave. You are refusing to do the work they have assigned to your position.

Welcome to the world of downsizing.

 

[glinters]

They are demoting a peer, folding her responsibilites into mine. Not giving her a pay decrease and now she will be reporting to me. My geographical position would change from 1 state to 4 states. Does this matter? I dont have to accept this but I don't want to leave as a resignation. If they offered compensation I would stay.

 

[justalayman]

Requirements for Payment
Quit

If you voluntarily quit your job without "good cause connected with the work," or if you voluntarily retire, you may be disqualified for benefits. "Good cause connected with the work," means that your reason for leaving was not only a good reason but was also directly related to the job.

For example, a person quits work to move to another state because his or her spouse got a new job. While this is a good personal reason to quit, the reason for quitting is not connected with the work and the person would be disqualified.

To remove a disqualification for voluntary leaving, you must return to work for at least 4 weeks, earn at least 6 times your weekly benefit rate, and then become unemployed through no fault of your own.

If you quit your job, or if you voluntarily retire, you will be scheduled for a claims examiner interview. The examiner will determine if you are entitled to benefits.
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I don't know how NJ will look at this. It may be acceptable but I wouldn't count on it. Call the UIB office and ask them for their input. They should be able to give you a pretty good guess but even that would not be a guarantee.

The only part that may get you anywhere would be the multi state coverage. By this you do mean you travel through these states, not merely having to deal with accounts or such in additional states, correct?
If it is merely being responsible for more states but do not need to travel, I would say your chances of UIB just dropped to near 0. Other than this it is merely just piling more work on you.