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Re-applying for position

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D

dhaselho

Guest
Currently, our IT department (in the Healthcare industry) is in the process of being downsized and there are a few things I'm curious about. For a little background information...
1) our company has a track record for not paying unemployment
2) several of the positions are going to get cut and then one will have to re-apply/re-interview for the new positions

Are there any legal loopholes to watch for in this situation, i.e., are they able to get out of paying unemployment? Does one have to make the decision not to re-apply just in case they don't receive an opening?

Thanks for your help, D.
Located in KS
 


Beth3

Senior Member
1) An employer does not decide who receives unemployment. UC benefits are adminstered and regulated by the State. Only your State UC division decides who is and isn't eligible for benefits based on your State's UC regulations.

2) Typically, one is ineligible for benefits if other work was offered. Not just available but offered. Now if the company is asking employees whose jobs have been eliminated to reapply for current openings and the person declines to do so, that could create a UC eligibility complication for that individual. The State expects individuals to at least TRY to find another job in their field.

Only your UC office can tell you for certain but my guess is that if a similar job is available with the employer and the employee refused to even apply for it, they wouldn't receive benefits. If they did apply and the employer chose not to interview them or offer work, then there would be no problem with UC.
 
D

dhaselho

Guest
Does this also apply if the "offered" position is completely different than the current position held, i.e., in another department altogether? Also, does salary play any part in this? For instance, what if we are offered a position, but it's considerably less than our current salary? Thanks again, D.
 

cbg

I'm a Northern Girl
That will depend upon your state regs. Only your state UC office can answer that one.
 

Beth3

Senior Member
I agree with cbg. Whether you are eligible for UC benefits after declining a position because it's not in your career field or because the salary is less is entirely a matter of your State's UC laws. They vary pretty widely on this issue. I'm not familiar with KS reg's and I wouldn't even hazard a guess - I'd probably steer you wrong.
 

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