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  • Accepting another job if yours is eliminated? North Carolina North Carolina

    first let me say quickly thanks to whoever set up this board, i've never needed this kind of help but find myself needing answers now. (this is in north carolina)

    anyway, my wife worked full time at a doctor's office. our baby sitter quit on us with no notice and she was going to quit to stay home when the office accomidated here by allowing her to work part time from home. she did this for 6 months and then the company updated their computers, which eliminated her job. she was told she could have a full time position back in the office, but knowing she could not take it due to lack of childcare, she declined the full time position. she "won" her unemployment, after it was contested becuase both parties admitted her job was eliminated due to a computer system update.

    however now there will be another appeal by phone by a referee because they (former employer) claim she isnt eligible due to her turning down a (full time) position. my question is does a part time employee have to accept a full time position if their position is eliminated to qualify? is there any way i can look this up in the labor laws?

    thanks to anyone who might help.
    Last edited by passerby; 11-10-2007, 01:47 PM.

  • #2
    Originally posted by passerby View Post
    first let me say quickly thanks to whoever set up this board, i've never needed this kind of help but find myself needing answers now. (this is in north carolina)

    anyway, my wife worked full time at a doctor's office. our baby sitter quit on us with no notice and she was going to quit to stay home when the office accomidated here by allowing her to work part time from home. she did this for 6 months and then the company updated their computers, which eliminated her job. she was told she could have a full time position back in the office, but knowing she could not take it due to lack of childcare, she declined the full time position. she "won" her unemployment, after it was contested becuase both parties admitted her job was eliminated due to a computer system update.

    however now there will be another appeal by phone by a referee because they (former employer) claim she isnt eligible due to her turning down a (full time) position. my question is does a part time employee have to accept a full time position if their position is eliminated to qualify? is there any way i can look this up in the labor laws?

    thanks to anyone who might help.
    Typically when an employee turns down avaiable work, they are no longer eligable for benefits. Ubnemployment is state specific and the question will have to be answered by a representative in your state unemployment office.
    Somedays you're the windshield and somedays you're the bug.

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    • #3
      A part time employee does not have to accept a full time position if one is offered. But turning it down MIGHT disqualify them for unemployment benefits.

      In most states, quitting because you do not have child care is NOT a qualifying reason. So I can see why turning down a full time position because of child care issues might well disqualify her.

      However, it is far too situation specific for a message board to give you a definite answer here.
      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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      • #4
        thanks, i understand. i am hoping and believing that she does not have to accept a full time job will weigh in her favor. but time will tell. thanks again.

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        • #5
          Day care seems to be the solution, and the defense of the employer.
          Bob Bollinger, Attorney
          Board Certified Specialist in NC Workers' Compensation Law
          Charlotte, NC

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          • #6
            UPDATE: just to update, my wife did win the appeal, turns out that in NC, if you are full time and your position is eliminated you are not required to take part time, but if you are part time and your position is eliminated, you are required to accept full time unless it is not feasible for a valid reason. becuase my wife was working part time already due to child care issues, that was a valid reason and she is able to continue drawing benefits.

            thanks to you who helped out here, and send me an email or pm if i can help anyone else through my experience. good luck.

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            • #7
              Glad it worked out. As we here with experience in UI matters have found, every situation is different, and trying to predict what the adjudicator will decide is rolling the dice.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                full time to part time in NC

                I have a question about my rights in NC. I have just been informed that my full time position has been eliminated and that it will be part time as of April 7th.

                It is a huge cut for me to go from full time benefits and 40 hours to 15 with no benefits. That is what they are offering me now. In fact, the store that I work at is a chain of 900 and was recently bought by another corporation.

                I have not quit yet but I do not see how I can stay. At the moment there are no other full time positions available.

                This is all new to me but it would seem that I have some rights here. This was an across the board decision for my position so it is not just me. There are several of us who would like to know if we have a chance to collect unemployment if we take the part time position for lost wages. And if so, how do I go about doing this?

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                • #9
                  got2paint4, please open your own thread for responses. Thank you.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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