Job eliminated, offered less desirable position.

[Snore44]

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

I had a maintenance job in a manufacturing plant. Due to budget problems the plant has eliminated a few non-production positions to save money. The people who's jobs have been cut back have been offered production jobs instead of being laid off. The position I've been offered pays almost $5 per hour less, and instead of a Monday through Friday daytime schedule has a rotating day/night shift schedule, with 12 hour shifts. I told my employer I wasn't interested in going from a skilled crafts person job to an unskilled production job with less pay and a terrible schedule, so they could just lay me off if they were eliminating my position. They said if I didn't want the new position I would have to voluntarily quit, and if I filed for unemployment compensation they would fight the claim.

If it is relevant to the situation, the production job is one that I held in the plant before, but I went to school and took a journeyman level test to get the craftsman position. My employer did not pay for any of the schooling.

If I don't take the other job, what are the chances that my claim will be accepted by the TWC? Is this actually a voluntary quit situation, or is it a layoff? Will this end up being a lengthy appeals process, and will I have to get a lawyer?

 

[commentator]

Your chances of being approved under these circumstances are actually pretty good. Whether they fight the claim or not, they cannot stop you from drawing benefits unless they can show they had a valid misconduct reason to terminate you, or you had a valid reason to quit your job. Being offered a much less desirable job is basically a pretty good reason to quit the job. Do not even consider working one minute at this lesser position. Quit, and file for unemployment, and let the chips fall.

There will be a slightly longer process to get started receiving benefits if you do not have a simple lack of work lay off, but the employer cannot keep you from drawing benefits simply by fighting the claim. They do not have a very good case, as the job they offered you is definitely less desirable and is not in your skill set.

You'd never need to hire an attorney to file an appeal, even if your claim was denied, or it was approved and they appealed it. Unemployment hearings are set up so that most people can comfortably handle their own appeal process. If you are approved, you'll be back paid for any weeks you have waited before the approval came through. But file immediately. There's no downside to doing so. Then you can start looking for the same type of job with equivalent pay to what you had in the past. The company doesn't want you to draw unemployment because this will cost them money. They don't have the final say in the matter.