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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 112669
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Not sure what more detail is needed, if your job is transfered

Resolved Question:

Not sure what more detail is needed, if your job is transfered and you are not able to transfer with it, yet you are provided a position within the company for same salary, yet your general compensation package has been altered by approx 28% and the job they have offered you is not one you would have normally applied for because you find it less or undesirable and you have also now lost your title, can you request to be staff reduced, IE, laid off, and expect to receive your companies normal severance package without prejudiced? I guess as a follow up, what if they refuse, what is my recourse?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
If they are not paying for your move and there is a reduction in pay, you can request a lay off and seek a severance agreement and still be eligible for unemployment benefits. An employee is not expected to pack up and move for a job unless the company is offering to pay for the move and at similar pay (generally within 25% of their current pay if there is a reduction).


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Customer: replied 5 years ago.
Does this still stand true if they are offering a local position, not the one you currently held but for the same pay, yet your total compensation is adjusted by 20% or more, also even if not a pay issue, what if they are only offering you one job that you do not desire are you forced to take it even if pay was equal?
Expert:  Law Educator, Esq. replied 5 years ago.
No, if they are offering a local position that is within 25%-33% of your current pay (for a decrease) then unemployment generally considers your refusal to take the position as being without good cause. What we suggest in these cases is take the job and begin looking for a new one and do not agree to sign any non-compete agreements.
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