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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19137
Experience:  Employment/Labor Law Litigation
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I'm being forced out of my position with another person taking

Customer Question

I'm being forced out of my position with another person taking over, and asked to go to the same position an hour and a half away. If I refuse and they fire me, can I collect unemployment after penalty while I look for a job closer to my home?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
You would be eligible for unemployment right away. Being required to travel 1.5 hours away would be considered a significant change to your employment status, like a reduction in pay or benefits. Such a significant change in your employment conditions can justify quitting and obtaining unemployment.
Customer: replied 2 years ago.

They also want me to use my vehicle for organization business with just a marginal mileage stipend, whereas all others have access to company vehicles.

Expert:  Allen M., Esq. replied 2 years ago.
While that's unfair and certainly adds to your argument for receiving unemployment, it doesn't really change your actions going forward. You still just refuse, and either get terminated or are considered to have quit and you get unemployment.
Customer: replied 2 years ago.

If I have been considered to have quit, in New Jersey that excludes one from unemployment. Are you sure about that answer?

Expert:  Allen M., Esq. replied 2 years ago.
Yes, I've been practicing in employment law for many years. I know that quitting normally excludes one from unemployment. You can't just quit and get unemployment. There are, however, exceptions to that rule. One exception is quitting for good cause attributable to the employer. You can see that here, from their own DOL website. http://lwd.dol.state.nj.us/labor/ui/aftrfile/quit.html A dramatic change in your employment conditions is a cause attributable to the employer.