Thank you for your question, Susan. Please permit me to assist you with your concerns.Ultimately this would be considered a potential 'for cause' termination since the termination was conditional on certain behavior, namely going back to school for a higher specialization. Since it then becomes a situation where the termination is 'for cause', unemployment would be denied as it is only granted generally to those who are terminated 'without cause' or without control on their end. Here, arguably you could have either transferred or gone back to school, and since both of those options are legitimate and you had longer than 2 years to accomplish it, I do not see unemployment upholding this as a valid petition.I am sorry!
do you charge me for every question?
sorry for the rating. just hoped i had a case. thought 16yrs counted for something.never drew an unemployment check.thanks for your honest report. so unprofessional of me.thanks again
gave no reason,just wanted all rns.in illinois is a offer to transfer a true job offer by law? ive done some research and it isn't in california
Susan,Thank you for your follow-up. Two issues:1. A bona fide job transfer is a job offer in Illinois provided the positions are similar or equivalent. A request for you to find a job transfer is NOT a job offer since that is an illusory promise, meaning there is nothing behind the claim--there is no job, merely a promise to find one. That, however, is not a violation--since the request that you find a transfer took place over 2 years ago, it is a known requirement permitting the employer to claim you were essentially contractual until that time, and not entitled to benefits. 2. The reason I asked about company concerns is if their claim or demand for education was only made to certain individuals, such as only women, or those over 40, then it could be discriminatory. Based on your facts I do not see that as the case but I wanted to evaluate it just in case.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).