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Eligibility: does this qualify? New York

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  • Eligibility: does this qualify? New York

    I went on my honeymoon for 2 weeks and when I came back my job was no longer a position at the company. They said that they no longer had a need for my position and offered my a lesser job, from an executive chef to a line cook, with much less pay and no guaranteed hours. So I couldn't accept this job with so little pay and probably not full time hours, I couldn't survive on that. Am I still eligible for unemployment?
    Thank you!

  • #2
    The only way to find out for certain is to apply.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Ditto cbg.

      There is no penalty for applying and being denied.

      The unemployment folks may find that the changes in your duties and pay was so severe as to give you good cause to quit and make you eligible for unemployment.

      We recently had a position eliminated and the employee (making $11 per hour) was offered a different job at $9 per hour. He refused it, filed for unemployment and won based on just that issue. We did not appeal.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        > I have been receiving benefits for over a month and now i had just received a letter from the NYSDOL that states that my employer had offered me a positon on 8/14 (day one of claim) as a line cook and i refused. What should i respond to this letter? How should i state that the demotion wouldn't benefit me?

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        • #5
          Originally posted by Lisa1015 View Post
          >How should i state that the demotion wouldn't benefit me?
          You point out the reduction in responsibility and the reduction in pay.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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