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Unemployment- Turn Down Offer Before Laid Off

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CruiseGirl28

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

On Monday, the owners of my company explained that we had been bought out. Friday will be our last day of work, and they will offer a severance package and the information for collecting unemployment. However, the company that will buy us was there that day and interviewed everyone for positions in their company.

I should be getting an offer tomorrow(Wednesday). I think my supervisor and I will be given offers, since they are in need in our department.

For a number of reasons (mostly the longer commute combined with the fact that I am 6 months pregnant), I do not think this job will be a good fit.

If I deny a job offer on Wednesday, and I am then laid off from my job on Friday, will I be able to collect unemployment?
 


justalayman

Senior Member
depends on a variety of factors.

How far is your current commute?

what would the new commute be?

any idea of possible wages/salary?

and compared to your current wages/salary?
 

CruiseGirl28

Junior Member
My current commute is about 10 minutes, and the new commute would be an hour. I expect the salary would be about the same.

I know that if I turn down an offer while collecting, I will no longer be able to collect.

However, if I turn down an offer on Wednesday (while still employed) and then get laid off on Friday (or potentially later...there are a lot of rumors now), then I wouldn't have turned down an offer while unemployed. Does that make a difference?
 

commentator

Senior Member
Go on and think, long and hard about if you WANT to turn down this offer. Remember, jobs are not easy to find. Lots of companies are being bought out, are closing, etc. Very few are making offers and adding to their staff. However this works, if you don't get the offer, or do not take the offer after getting it, you're looking at six months of unemployment at best. It is very likely that there will be no federal extensions that would push your weeks of receiving benefits out much longer. So six months from now, you'll have nothing. No job and no unemployment. Are you sure that at that time the jobs will be there to replace what you have had?

I am also very interested in whether or not you're actually going to GET an offer, when you're six months or so pregnant, pretty obviously pregnant, in other words. Employers will swear to you that they do not discriminate, but it is usually pretty difficult for people to find another job while pregnant. Any employer who's going to hire you knows they are looking for at least six weeks or so of leave somewhere in the immediate future for you.

As I'm hearing this, the offer from the "new employer" who's buying out your old company must be moving people they're hiring from the old company to a new location, right? So you're saying that you're going to get an offer, to do whatever your job is in your "department" but you're going to be in another facility? So they're moving the whole operation, lock stock and barrel to another location further away from you? And the salary will not be equivalent?

If you really want to not take it, assuming you do get the job offer and do not want to take it, then just refuse it. Get your severance package on Friday, and your separation letter. Your company has been bought out, and is closing. That is the reason you are laid off. After Saturday of this week, file a claim for unemployment benefits. You'll put down that you are let go due to lack of work, company closing. If they ask you some questions related to, "Is there any reason why you could not accept another job immediately?" you need to tell them, on no uncertain terms, that you are fully able, available, and ready to accept another job immediately. If you say there is a reason, because you are pregnant and do not want to work again till after your baby is born, you will have just disqualified yourself from receiving unemployment benefits, regardless of whether you got another offer this week or not. Get that established right away.

If you do turn down this other job, you need to tell the unemployment office that yes, you have been offered another job this week. Tell them you did not accept the offer because you would be required to commute to another work site that is xxx miles further than your most recent job. Tell them, if it is true, that the job will pay less than your current job. They'll contact the new employer and investigate. If you tell them(the employer) you don't want to work right now because you're pregnant, they'll pass that on to the unemployment system, and if will be likely that will not be considered a valid reason to refuse an offer of work, and you'll be probably disqualified from receiving unemployment benefits.

The unemployment office will always do an inquiry about the job offer, and the reason you refused the job offer, and when the employer says you turned it down because you are pregnant, the goose is cooked, as far as you being approved for benefits. You aren't able, available and actively seeking equivalent work.

Equivalent work means the same type work, in approximately the same sort of circumstances, for approximately the same type of compensation. Remember that when you began work at your present position, you probably were making less, and have received raises since then. Is it really less money? How far are you traveling to work now?

So if you receive this offer tomorrow, and decide to turn it down, come next week, when you file for benefits, you'll of course have to answer all the questions honestly. Discuss this because if you decide not to mention the job offer, your new employer will probably mention it anyway. When they buy a company, the new business buys the unemployment rate of the old company. They're not happy about laying off and allowing to receive unemployment a large number of the old company's employees, especially if they've offered these former employees work with the new company and it has been turned down because the separated employees want some time off.

While they do not have total say about the approval of your claim, it will be considered at length if they've offered you work that is judged to be fairly equivalent and you have refused it.

I can't say, "Yes, you'll be approved!" or "No, you won't be approved!" but unemployment is related to the circumstances of the individual case and the unemployment laws. This is just a general idea of how it might work. My advice? Wait and see if you get the job offer. Then start from there. IF you get it, do you want it? Even if you didn't have unemployment, do you not want it still? If you are going to refuse the job and file an unemployment claim, assume you will receive no payments for about six to eight weeks in the best of circumstances. Maybe longer, maybe not at all, if they decide against you. You can, of course, appeal, and this is a long and drawn out process, so think now about it.
 
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justalayman

Senior Member
Do you think your employer isn't going to say: we offered her a job. You do know they are not going to get the inquiry for some time after you actually file for UI benefits, right?

then it comes down to whether the added commute is a valid reason to refuse an offer.

hang on for some of the other folks. An hour is a lengthy drive. I don't know if it is too long though that it would allow you to reject the offer with impunity.
 

cbg

I'm a Northern Girl
I currently commute over 2 hours each way. And I don't even have the longest commute in my department; I know of at least two who commute from further away than I do, just in my reporting chain.

I do know, from personal experience in the OP's state, that whether or not you can turn down work due to the length of the commute will vary greatly depending on where in the state you are. She will be much more likely to be approved for UI turning down a job due to the length of her commute if she lives in North Adams, than she will be if she lives in Brookline.

It WILL be investigated; the inquiry will start within the week that she applies for benefits; and there is no guarantee, in MA, whether she will be approved on that basis or not.
 

commentator

Senior Member
To clarify, it has a lot to do with how far she is commuting now. Because the whole "do I have to take this?" issue is contingent on the word equivalent. (And as you move forward in your claim, have been off work longer and longer, the definition of "equivalent" gets less specific.)

The first few weeks after you're laid off, you would be more okay refusing things not as good as what you had, but as you've been off longer, you have to become quite reasonably, a bit less selective. If you've been making a job search and you haven't found anything exactly equivalent to what you had, you may have to accept a bit less or a bit further to commute just to find a job.

One thing you cannot do is demand something better than what you had. Not in wages, not in commute distances. For example take cbg, if she were to be laid off, she could not tell the unemployment system, "I am just so tired of that long commute, in the future I won't be willing to take anything that requires over a 20minute commute," and be approved. If they were looking at your turning down a job, whether that refusal would disqualify you for benefits, if the reason you gave was that it was a long commute, they'd first of all look at the big question, "How far was this person commuting at the job they're laid off from?"

I'm getting mixed messages from this OP anyhow. They're moving them somewhere that a long commute might come into play, but she's sure she'll get the offer, because they're keeping the departments all the same?

I think what's going on here is a lot of the old "business closing" hoopla, where everyone is sitting there swapping opinions about how things are going to go, and are trying to definitively state whether or not they're going to be able to do this or that, or whether they'll be approved or denied for benefits IF this happens, or that happens. There's no way they can do this, because they don't know what is really going to happen.

That's the reason that the system cannot give pre-estimates or answer a lot of questions for people who are just trying to scout out the situation before it happens.Pre planning isn't a bad idea, as much as it is possible. But there's a lot of that that becomes catastrophizing, and unnecessary worrying. Sometimes you just have to wait and see.
 

cbg

I'm a Northern Girl
I'm not disagreeing with Commentator. But at least in MA, how long you are currently commuting is not the only factor they look at. I'm not saying they don't look at it at all. But they also look at what the average person commutes in the same area of the state, the availability of public transportation, how long the traffic will slow you down, and a number of other factors. If you live right in downtown Boston, are currently working in downtown Boston, and the job is moving to Framingham, you have a pretty good chance of being approved. But if you live in Framingham, are currently working in Framingham, and the job is moving to Boston, your chance of approval goes down.
 

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