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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12479
Experience:  Significant experience in all areas of employment law.
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I have been working Farmers agent past 10 years

Customer Question

I have been working for a Farmers agent for the past 10 years as a customer service representative, he is selling to a new agent and as far as I know I'm being kept onboard. Farmers insurance group (not the new agent) is requiring me to complete a background and credit check and in addition provide them with my personal information such as how much liquid assets I have, my bank account balances and a financial statement.
I also believe they are going to try to make me a producer (sales) instead of keeping me as a Customer Service Rep.
Can they legally do this? If I refuse to give that information or if I refuse to take the sales job would I qualify for unemployment?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
I can certainly appreciate your concern about what is being requested of you. However, it unfortunately does not break any law to make these requests, and since employment in Texas is "at will" absent an express agreement to the contrary, you can be terminated for refusing to cooperate. If you were terminated for refusing to cooperate or refusing to accept the new position, your eligibility for benefits would turn on whether the State found you to be unemployed "through no fault of your own." A claimant is unemployed through no fault of their own if they did everything that a reasonable person desireous of remaining employed would have done to remain employed and still find themselves out of work. This is judged on a case by case basis and so it is impossible to predict results, which is why the unemployment office would not give you a specific answer.
If I had to guess, though, I would guess that benefits would be denied on these facts. Providing personal information such as you describe is not uncommon in job applications, and accepting a job with different responsibilities would be expected unless the pay was substantially less or there was a drastic change in the level of responsibility involved (i.e. manager to janitor).
Is it possible that your claim for benefits would be accepted? Yes. But why take that risk with the consequence being unemployment with no way to support yourself if you're wrong. For this reason, the better course of action would typically be to accept the new job and if it is not acceptable to you then to look for work elsewhere, quitting only once you've secured another offer. Statistically speaking, it's also a lot easier to get hired when you already have a job. The reason has to do with the psychology of employers wanting to hire someone who is seen as in demand.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 2 years ago.
Hello again,
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.
Very best wishes.