Karlsson
08-09-2006, 08:05 PM
I am working for a company that was just sold and is going to move to a different town in Massachusetts (approximately 50 min away). The new owner has offered me a position at the new location. However, I do not drive, and the town where my company will be moving is pretty far away, and I will not be able to physically show up to work. The new company is not offering any transportation between the two towns. My boss told me that I would not qualify for unemployment, since I was still offered a job. Is my boss correct about my not qualifying for unemployment. To me, it does not seem fair.
ElleMD
08-09-2006, 11:18 PM
It is possible that you may qualify if the new location is an unreasonable commuting distance from your old one. Generally speaking if they move within the same general area and you decline to work at the new location you would not be eligilble. If you can show that the new location is an unreasonable commuting distance from the old one, they *may* be a reason to legitimately turn it down. Ultimately it is the state's decision.
Pattymd
08-10-2006, 04:41 AM
However, the fact that you don't personally drive need not be considered. Is there a medical reason you can't drive?
Your boss is wrong.
Based on my rather extensive experience, it is very likely that the DUA will find you eligible. The employer unilaterally changed the conditions of employment and possible hire when it moved locations. Therefore, if you can demonstrate that the new commute will cause an undue burden upon you, then you will be determined eligible.
Also, the fact that you do not drive will be considered relative to two (2) issues. First, does that render you not available for work. The answer should be no it does not. Second, does that fact render the new commute unreasonable. This will help your argument.
Questions:
How did you commute to work at the old location?
What is the difference in commute distance and time between the old location and the new one?
I am in MA, so if you so desire, giving all relevant locations may allow me to offer further informed opinion.
I am in MA also, and I at least tentatively agree with rjc.
Just as a quick note; if you are in the Boston area, a 50 minute commute is unlikely to be seen as unreasonable. If you are in the Springfield area, it might be.
