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Advice Needed - Job Location Changing - Massachusetts

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  • Advice Needed - Job Location Changing - Massachusetts

    I have been employed by an employer out-of-state for 9 years. My job offer/description that I originally accepted was for a full telecommute position considering the distance between my home and the company (200+ miles).

    Several months ago I was told by others within the company and later confirmed by someone outside the company, that they were posting my position with a tech recruiter in hopes of finding someone for the job on-site. I finally confronted my manager about that to which I was intially lied to and told it was not happening. But a short time later Human Resources did inform me that they were indeed looking externally.

    Now that I confronted them on this issue they all of a sudden have decided they should go through the "proper procedures" (HR's words to me) and sent me a job offer letter that I need to accept/decline. It basically says that I am being offered the same job and pay, that I would be required to be on-site.

    My questions and where I need some advice:

    1. I was told my HR that this is NOT a lay off since it will be my decision to not take their job offer and I would not be eligible for any severance. Is it true that a job that changes location is not a "new" position?

    2. This would require me to either obtain new short-term housing close to the company (on my dollar) or do a horrible 450 mile commute daily (not possible). I don't see any other option but to decline the offer letter. Will this hurt me if I need to apply for unemployment insurance?

    3. I assume that since I have been a 100% telecommute for 9 years with MA state tax taken out of my paycheck, I will fall under Massachusetts UI law?

    Does anyone else have advice on this situation?

    Thanks.

  • #2
    1. It is if that's what how they want to define it; the law doesn't address this issue.

    2. A 225-mile one way commute would definitely meet the criteria for a "material change in working conditions" that should qualify you for unemployment benefits.

    3. Probably. Did you work from your home most of the time? That home in MA?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      3. Probably. Did you work from your home most of the time? That home in MA?
      Yes, home office in Massachusetts. On average I would only travel up to the company home office for a single day of meetings once per quarter or less. Each of those visits they would pay my mileage, hotel, meals, etc.

      Thank you.

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      • #4
        Then if they did it properly, yes, your wages for UI purposes would have been reported to MA.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I have officially received the job offer letter from the company. It states I am being offered the same position but in the new location (200+ miles away) and I have to accept or decline it by Friday.

          I will be declining since I cannot afford the commute of 400+ miles daily or the option of a moving the family.

          My question now, if someone could enlighten me. Would I be free to walk away from the job as of tomorrow when I decline the job offer? Or am I required to continue working until the hire my replacement and I train them under their terms? I am wondering more in terms of unemployment eligibility. I realize the relocation of the job by 200+ miles does make me eligible in Massachusetts, but do I also have to continue working under the company's demands for me to document and train my replacement before they set my term. date?

          Comment


          • #6
            I would think that after you decline the position, you would need to stay (still telecommuting) until they tell you they no longer need you in that position. You best bet would be to ask your hr what happens next; and how long they are going to consider you employed.

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            • #7
              Agreed. DO NOT QUIT. If the employer wants to fire you, then make them fire you. Remain ready and willing to work at your current location. And start looking for another job.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Would I be free to walk away from the job as of tomorrow when I decline the job offer? Or am I required to continue working until the hire my replacement and I train them under their terms?

                Why would you not want to continue working for them on a telecommuting basis and collect a paycheck for as long as possible? Sure, you can quit immediately but you won't be eligible for unemployment benefits. You need to continue working for them until they say you're done.

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                • #9
                  Agree, don't quit - you don't want to jeopardize your chance for UI benefits.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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