Unemployment eligibility Massachussetts

[Beanie3/10]

I am working for a non for profit organization as an in house employee. As of next month our department is being contracted out to another organization. Does this mean we are being technically laid off? That is considering that an organization that is taking over may offer jobs to current employees of the department.

 

[cbg]

If you are offered a job under the new organization and you turn it down, then you have not been laid off; you have quit.

If you are offered a job under the new organization and you accept it, then you have not been laid off; you are working.

If you are not offered a job under the new organization, then you have been laid off.

If you are looking for a way that you can turn down a job offer with the new organization but still claim to have been laid off for purposes of collecting unemployment, Massachusetts is quite unlikely to approve that unless there is a significant, and I do mean significant, change in the compensation structure.

 

[LdiJ]

If you are offered a job under the new organization and you turn it down, then you have not been laid off; you have quit.

If you are offered a job under the new organization and you accept it, then you have not been laid off; you are working.

If you are not offered a job under the new organization, then you have been laid off.

If you are looking for a way that you can turn down a job offer with the new organization but still claim to have been laid off for purposes of collecting unemployment, Massachusetts is quite unlikely to approve that unless there is a significant, and I do mean significant, change in the compensation structure.

Or there is some other valid reason (ie distance) for not taking a job with the new organization.

 

[commentator]

Actually, when the new entitly takes over, you will have been laid off from the old job. You will be leaving one company, and if they offer you a job with the new entity, it will be your decision to accept the new job with the new company, with new W-2s and new employer, new job and move from one to another without going through the unemployment process.

If they do not offer you a job with the new contractor, or if the job they offer you is signigicantly different in pay or description or some other important aspect from the old job, you have the option not to accept it, and to file for unemployment benefits. You will tell them about the job offer from the new company, and a decision will be made whether you have been offered suitable work.

Of course there are lots of things to consider. In the first place, the company, being a non-profit, may or may not be covered by the unnemployment system. There may not be a lot of wages in the accounty to set up a claim. The amount you make drawing unemployment is probably not going to be as much as the amount you'd make drawing benefits, and will end quickly

But actually, you do have a bit of leeway. Many new companies do not want the old companies employees. These employees are legitimately laid off. Sometimes companies do not offer as good a job, and the employees of the old company will have to make a decision about whether to accept or not accept. Usually it's a good move to go with the new job if offered and try to find another job soon instead of fighting the issue out in unemployment. But they don't buy the old employees when they take over a contract. neither party is under a mandate to take the other job or to hire the other company's employees. It's just what your options will be that are up for discussion.

 

[Beanie3/10]

If you are offered a job under the new organization and you turn it down, then you have not been laid off; you have quit.

If you are offered a job under the new organization and you accept it, then you have not been laid off; you are working.

If you are not offered a job under the new organization, then you have been laid off.

If you are looking for a way that you can turn down a job offer with the new organization but still claim to have been laid off for purposes of collecting unemployment, Massachusetts is quite unlikely to approve that unless there is a significant, and I do mean significant, change in the compensation structure.

Thank you for your response.

So even though a single department within one organization is being contracted out, I am still considered employed regardless of who offers this employment within this organization?

 

[commentator]

Thank you for your response.

So even though a single department within one organization is being contracted out, I am still considered employed regardless of who offers this employment within this organization?

So in other words, say you work for the state. You do tax assessment for them. They have contracted out their tax assessment to a private company. Your job with the state is eliminated. You are offered another job within the state system, not in the contracted area. You are still a state employee. Not unemployed unless you refuse this new job with your same employer. If the contractor offers you a job, not so much You are quite unlikely in my experience to be offered a job by the contractor in such scenarios.

But if the state (for example) or the old employer whatever it is, has anther position for you, and you dont accept that one, it very well could be a situation in which you do not qualify for unemployment. Would depend a lot on what the employer offered you instead of the contracted out job. You will pretty much have to wait and see how this plays out.

 

[Beanie3/10]

So in other words, say you work for the state. You do tax assessment for them. They have contracted out their tax assessment to a private company. Your job with the state is eliminated. You are offered another job within the state system, not in the contracted area. You are still a state employee. Not unemployed unless you refuse this new job with your same employer. If the contractor offers you a job, not so much You are quite unlikely in my experience to be offered a job by the contractor in such scenarios.

But if the state (for example) or the old employer whatever it is, has anther position for you, and you dont accept that one, it very well could be a situation in which you do not qualify for unemployment. Would depend a lot on what the employer offered you instead of the contracted out job. You will pretty much have to wait and see how this plays out.

Thanks. I appreciate the response.

 

[cbg]

A word about MA.

MA is in some respects a very liberal state, with more employee protections than most states and one of the highest unemployment benefits in the US.

But I have more than a little experience with the MA DUA system, from both sides of the desk.

If Employer A contracts out your department to Employer B, then yes, you may have been laid off from Employer A.

But if Employer B offers you a job, then unless there is a very significant cut in pay or the new job is 100 miles away or there is some other extreme change to the job conditions, MA will expect you to take it and will have considered you to have turned down offered work if you decline. If that is the case, your chance at unemployment drops significantly as well. Because they will not be looking at, Employee A laid you off; they will be looking at, Employee B offered you the chance to remain employed and you did not take it. And the DUA does not see any reason why they should pay you to not work, if work was available to you.