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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4896
Experience:  Extensive experience representing employees and management
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My employer was purchased by another company. Our termination

Resolved Question:

My employer was purchased by another company. Our termination date is 7/20/12. The new company wants us to apply for positions by filling out applications, background checks etc. I would rather take the termination and file for unemployment. I am in California.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 2 years ago.
Hello?????? Joseph?????
Expert:  Joseph replied 2 years ago.
Hello. I'm here. If you made a reply I didn't get it. Could you please re-type it?
Customer: replied 2 years ago.
Joseph - this is looping. I send you my question and it doesn't go through to you.
Expert:  Joseph replied 2 years ago.
Your replies are coming through. Could you please re-type your question in the reply?
Customer: replied 2 years ago.
I have tried to send you the same question 3 times!!!!!
Expert:  Joseph replied 2 years ago.
Just write the question in the reply and send it. I am getting your comments, just not the question.
Customer: replied 2 years ago.
I know. The new company just emailed us employment application, background check authorization, etc. If I don't apply to the new company, can I still receive unemployment on my termination on 7/20 from the old company?
Expert:  Joseph replied 2 years ago.
Unfortunately, you probably wouldn't be elgiible to receive unemployment benefits, since you would be considered to have turned down 'new work' without good cause.

If you can establish good cause for turning down new work, then you would be eligible to receive unemployment benefits if you choose not to apply to the new company.

In order to establish 'good cause' you need to have a sufficient reason that would make a reasonable person who wanted to stay employed leave work in the same circumstances.

You can read more about 'good cause' for turning down new work here:

http://www.edd.ca.gov/uibdg/Suitable_Work_SW_5.htm#New%20Work
Customer: replied 2 years ago.
So by not applying I am turning down work?
Expert:  Joseph replied 2 years ago.
Yes, by not applying, you could be seen as refusing the offer of suitable work.
Joseph, Lawyer
Satisfied Customers: 4896
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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