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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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My daughter works school district in NYS it is a county

Customer Question

My daughter works for a school district in NYS it is a county school district and unionized. this is a non teaching position. She has been employee for about 6 months and went on maternity leave with no job protection but they granted her an ADA accommodation to protect her job for 6 months. She was to return to work in one week. She received a call this morning and was told the contract she handled all of the benefits for decided to take the position in house and the position was open for interviewing. She was not notified of the change or offered a chance to interview and they reference something in the union contract that because she hadn't taken the civil service test yet they were not obligated to advise her of the opening, and her coworker got the position essentially taking her job and so her job was eliminated. They have offered her a job that is the same pay but different job duties and she will have to be trained and it is not something she wants to do - her position was managing benefits and she loved it. The position being offered is doing payroll. She wants to be able to get unemployment. How should he decline the job? She is not sure how to state it so she may have an opportunity to work for the again. She does not want to do payroll. Thank you for helping with how to decline to support her possibly getting unemployment.
Submitted: 11 months ago.
Category: Employment Law
Customer: replied 11 months ago.
Her job title will be the same along with the pay and her union said if she doesn't take it will be her voluntary resignation. Will this impact unemployment?
Customer: replied 11 months ago.
My apology they said her job protection was for 6 weeks.
Expert:  Samuel II replied 11 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Unfortunately, there is no way around this. There was no legal obligation for the job to be held for her and even though they said they would they have a prerogative to change their mind. If she does not take the new position, it would be considered a voluntary termination and while she can apply for unemployment, I suggest the school district would win in opposing it.

I am sorry it is not better news for her. Maybe once she is trained she will like the job at least enough to stay in the system until something else opens that she will enjoy.

Please let me know here if you have other questions or need clarification. Otherwise a positive rating ensures I get credit for my time and information in this regard.

Customer: replied 11 months ago.
Thank you
Expert:  Samuel II replied 11 months ago.

You're welcome. Thanking you in advance for a positive rating as that ensures I get credit for my time and information in this regard.

Expert:  Samuel II replied 11 months ago.

Thank you and good luck with everything.