Legal Question - labor/HR related

[homer]

So if anyone's read through the Insurance thread you know my job situation is sort of less than stable. I'm in a role that is being eliminated. I've been in this role for about 6 months. Prior to that, I was traveling quite a bit and knew I was going back to school so I asked if they could find a non travel role for me. They did and here I am. Long story short, they want me to go back to the old role which would require even more travel than before. Obviously, I can't do this due to school. They said if I don't want to go back to the old role, they will keep me on until the end of March. I have vacation planned from March 18 - 25.

 

My questions:

- Is this considered a resignation? They're offering me a job I can't possibly accept. Well, I guess I COULD accept but that would mean dropping out of school.

- If it is a resignation, does that mean I can't file for unemployment? I assume so.

- They said that once someone files for resignation, they can't take PTO so that means I can't take paid vacation. If it comes to that, I'd just quit the day before my trip but I want to make sure this can possibly be considered a "layoff".

[BrewersSuperCollector]

I don't know you, but it seems one of the the biggest issues is your health insurance based on some of your previous posts.

[FVBrewerFan]

They're trying to make it a resignation so they don't have to pay unemployment. I'm not a lawyer, but it seems to me that if they eliminate your position and can't offer something similar, then they have to terminate you. It's probably a close call, so you should get an attorney. My first thought is that you should continue to do your job as best you can, but tell them you're not able to make that trip. They will then say "so, you're resigning?" And your response is "No, I'm not resigning, I jsut can't travel that much." That puts them in a position where they have to terminate you. This is just from some guy in BF, so I wouldn't try this approach without talking to an attorney.

[Bankjob]

Hope this helps. I am not a lawyer, but I know this stuff a little.

 

My questions:

- Is this considered a resignation? They're offering me a job I can't possibly accept. Well, I guess I COULD accept but that would mean dropping out of school.

The designation of resignation vs termination is a legal question. It could go either way. Do not get hung up on the that question though, as you have an excuse to why the seperation of employment is happening (school).

- If it is a resignation, does that mean I can't file for unemployment? I assume so.

Absoluetely file for unemployment right away. When the rep asks you if it was a term or resignation you should explain exactly what happened and why were not able to accept the position they offered you. If a business puts you under duress, you can argue that a resignation is the same as a termination and benefits can be awarded. It is a no lose situation for you. Worst case you lose and you get no benefits. If I was a betting man I would like your chances with school being the reason for you not being able to switch positions.

- They said that once someone files for resignation, they can't take PTO so that means I can't take paid vacation. If it comes to that, I'd just quit the day before my trip but I want to make sure this can possibly be considered a "layoff".

When looking at paid time off you need to look at one of two things, (1) your CBA if you are union, or (2) your company handbook if you are non union. Vacation/Sick/Personal time is not a right for workers. Companies are not required to give you any of these. Once they do give them to you, you are bound by the policies of the company handbook. If there is a rule which states once you give notice of leaving the company you are not allowed to use any time then you are stuck with no time off.

 

When it comes to the time off for your trip you should explain that this is something you have booked for a while and you need the time off even if it is unpaid. Most companies will grant you that. If they do not you are between a rock and hard place, because if you quit it could work against you in unemployment. My suggestion sit down with your boss or HR, whomever has the decision to grant you this time off, be friendly and try to work it out. Most of the time common sense prevails.

 

Final piece of advice. This situations sucks being on both sides of it. Trust me, I have had to eliminate positions and I lost a lot of sleep over it. Then when I go into the deliver the bad news I am trashed 6 ways from Sunday on what a bad person I am. Keep the talks professional and try and keep a calm demeanor. If you get riled up and upset the company thinks "Legal trouble" and keeps there mouth shut and works through lawyers. If you can keep your head, hopefully it can be a separation that leaves the company wanting to help you further your career and keeps the bridge open in the future. Good luck.

[thebruce44]

When I was laid off from my old job 2 years ago, they wanted me to transfer to their Denver office. I declined, and was told my last day would be in 2 weeks. At no point did it come up that I was quiting or anything like that. I was given severance and paid for my unused vacation, then went on unemployment.

 

This was in IL and I know every company is different, but I would talk to your HR department and make sure this is a layoff. That being the case, absolutely file for unemployment the day you are terminated.

[homer]

Thanks for the replies. They are really pushing for an answer today....great way to start the week!

[BMuch]

Homer

If you are in WI, then you will have a good chance of claiming unemployment. The rules are stacked heavily in the employees favor. This is based solely on the fact that I'm a business owner in WI and I have had to pay out on some outlandish cases.

Good Luck!

[thebruce44]

Thanks for the replies. They are really pushing for an answer today....great way to start the week!

Really though you couldn't pick a better time with the NCAA tourny coming up. Cross your fingers you stay unemployed until the end of the World Cup! http://forum.brewerfan.net/images/smilies/smile.gif