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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18848
Experience:  Employment/Labor Law Litigation
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My company is removing my position and will probably offer

Customer Question

My company is removing my position and will probably offer me a lower paying position.if I refuse the position will I still be eligible for compensations such as severance pay unemployment, retraining etc.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 4 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Severance and retraining aren't legally required benefits under state and federal law, so for you to have any particularly entitlement to those from your employer they have to have some policy that outlines that you will receive it. Additionally, that policy would control whether or not you got it in this situation, but in most cases if you refuse reasonable employment with the company, they do not have to pay either severance or retraining. Again though, this is directly controlled by your company policy.

For unemployment, if the job is a reasonable job, refusing it will cost you unemployment unless the reduction in pay is significant. We usually look for at least a 33% reduction in pay before you can safely refuse the job and still get unemployment.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 4 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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