Layoff or not a layoff?

[junsinco1]

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

Hello, I was wondering if anyone was or has been in a predicament such as mine.

The story: I'm an LVN and an EMT at a local hospital that's going bankrupt. I used to work in the nursing dept but moved over to ambulance department. Well, it seems that my current department is being dissolved and i'm going to be out of my current job with the hospital. Here's the catch, my current boss states that he moved to another company and is taking us in. We would have jobs but still have to do an application etc. Some of our guys actually was fired from that said company. I am reluctant because I would get a substantial pay cut. My current employers human resources dept says we won't be getting our layoff papers because we are being "offered" jobs.

How is this possible(if even possible)? Is there anyone that can point us to the right direction? Thanks.

 

[swalsh411]

What are these "layoff papers" you are referring to and why are you concerned that you might not be getting them? You apparently are being (or will be) offered another job at a lower pay rate. You are free to accept this employment or look elsewhere.

If you file for unemployment, you may (probably will) run into an issue as to whether or not you turned down suitable work.

 

[eerelations]

Your employer isn't required to give you any "papers" when laying you off, all it has to do is say "you're laid off" and that's it, hey presto, you're laid off!

 

[junsinco1]

I see. I was wondering what the whole process would be since i have never been "laid-off". As for employment, its not even guaranteed as I still have to go through a hiring process. Its the same as if another ambulance company came to my school and said "hey, were hiring, come work for us". Now as far as unemployment insurance goes, will it matter if I try to get a job as an LVN because I want to keep my wage in the same area to where I am at now? Obviously I dont want a drastic wage drop with this other company but again, I am just exploring my options in this uncharted territory for me. Thanks for the replies BTW

 

[commentator]

You do not have to have "layoff paperwork" from your employer to file for unemployment benefits. You will file, explaining how the company closed, and your job ended. How they refused to give you paperwork saying this had happened because you were being offered a chance to apply at another company run by these same people. In other words, tell them exactly what you have said here, and explain why you do not want to take this other job.

If your claim sets up, based on monetary determination, they will then contact the employer. They will confirm the situation as it is. People cannot be sold, moved, or "taken" anywhere by an employer. He cannot keep you from receiving benefits simply by saying you have been offered another job.

If your current place of employment closes, you file and you are laid off due to lack of work.

Then the issue will be dealt with that you have refused a job offer with the new company. Think long and hard about refusing this job. As you said, you may apply and not even be hired. If you are hired, it must be "suitable" or "equivalent" work. Commuting distance to the work site may be a factor.

Even if it is a very substantial pay cut, it will probably pay more than any unemployment benefits you are apt to draw if approved. If you do not have prospects for another job you do want, very soon, you might very well be better off to apply for the new positions and hope you get one. You can always look for other jobs while you are working at the new place.

Of course, if you are not hired at the new position, you would be fully able to draw unemployment based on the fact that your last employer closed down and you are out of work through no fault of your own.