Can i collect unemployment if my job only offers job options I can refuse?
IANAL, but: when an employer tries to get you to switch into another job with different terms of employment rather than dismiss you outright (and refusal means you’ll be dismissed), that’s called “constructive dismissal” — the idea being that they have in effect terminated the existing employment relationship, and are offering you a new one. In many jurisdictions (I do not know about yours) that amounts to dismissal. You should look into this via a lawyer, or other knowledgeable professional, and determine the potential implications with respect to unemployment, etc.
I seriously doubt you can file for unemployment, since you aren’t actually being laid-off or subject to a reduction in workforce. You’ll still be working, afterall. Just as a contractor. COBRA probably won’t be an option for the same reasons. Ina nay case, it would probably prove cheaper to shop for your own health coverage, if you can at all afford it. COBRA is almost universally hideously expensive, even when compared to private policies. Essentially, your (soon to be former) employer is looking to reap the financial benefits of eliminating your position while still retaining your services.
my company is about to remove health insurance Can you clarify exactly what this means? Is your company dropping its group health plan for everyone (so no one will have insurance), or is it just looking to drop health insurance for sales reps? If they are dropping their group plan entirely, you may be out of luck in terms of COBRA (although you should definitely follow up with an HR rep and ask specifically about COBRA and whether it will cover you)–if the group plan doesn’t exist any more, you can’t join it. If they are only moving your position to one that doesn’t get health insurance–by dropping your hours down to a part-time employee or contract worker who doesn’t qualify for full benefits–then you might be able to snag COBRA coverage for 18 months, which would give you some breathing room and allow you to keep working for them (making money) without stressing so much about the health insurance aspect. You’d generally be paying more for the same coverage, because you’d be coveri
I did some research, and in my state (California) you would qualify for unemployment if you quit as a result of your employer forcing you to take lower wages. When you leave a job, it’s a ‘voluntary quit.’ When you file for unemployment for a voluntary quit, the unemployment office will determine whether you had reasonable cause to quit – that is, if it was for ‘good cause.’ Your case, in California, would count and you would be entitled to unemployment. www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_500.htm#Wages 3. Violation of Agreement or Misrepresentation Title 22, Section 1256-22(b), provides in part: An individual who leaves work due to dissatisfaction with some aspect of wages has left work with good cause if the leaving of work is for any one or any combination of the following reasons: (4) The employer substantially breaches the agreement with an employee as to the agreed rate of pay. (5) The employer makes sub
It sounds like you feel you have to solve this alone. I’d suggest negotiating with them instead. How are your numbers as a salesperson? Are you below par, above par, exceptional? With 10 years, you have an established track record and presumably valuable contacts. Your rolodex and experience may be worth a lot. If you’re in a good position, negotiate! Actually, negotiate no matter what. There’s only upside for you. For example, you could offer to take a sizeable salary cut by *deferring* salary – in other words, the cut is a loan from you to them that they can repay in a year or two. This is something that can work out well for everyone. Alternately, ask them to propose something. You can reject it and either keep your position or get laid off and collect unemployment. If you’ve never been on unemployment, you should look into whether it’s going to be large enough to affect your decisions. For exampe, unemployment in my area maxes out at about 1/4 of my rent. It’s nice to have, but doe
