Not sure if this is the right forum, but I thought maybe I'd pick your brains.

If your business merges with another and instead of firing you outright or keeping you at your present position, the new entity offers you a job at a much lower salary, can you quit and get unemployment? What about part time workers?

This hasn't happened, (yet), but my mind works in strange ways.

Don't you have to get fired to get unemployment? I don't know if that's true, but that was my impression.

Eligibility rules vary from state to state. You should check with your state Department of Workforce Development. But I would think that if they eliminated your job and offered a lower one, you could quit and file.

Nanwa, maybe post this in the HR forum??

I didn't want to post in HR because this is just a hypothetical situation. Nothing may happen; just don't know.

I've never filed for unemployment. The only time I have been unemployed in the last 35 years was for a month while I was between jobs. (Not actually unemployed, I guess.)

I went on line at our state site, but none of their FAQs gave me an answer. Our state does an investigation if you quit rather than are fired. So, some "quits" can get benefits, but if you are fired for misconduct, you can't get any benefits.

I hesitate to call yet because 1) nothing has happened yet and 2) the website says they are very busy, especially on Mondays, and I don't want to waste their time with "what if" scenarios.

I thought maybe some of you would have had some experience, or know someone who has?

If the company offers you a different position with lower pay, woul;d they offer a severance package if you declined?

I doubt it.

There are a number of us in the Southeast that will be finding out firsthand in the near future...we announced our company sale this week.

My wife's employer moved her from full time to part time seasonal - full time for 6 months out of the year, half days for 6 months out of the year - no paid vacation. She is able to sign up for unemployment benefits for the half of the year that she is not working full time. I am not sure how that compares to this situation though.....

In my state if you are fired you can not receive benefits and if you quit it is up to the employer. For instance I had a girl quit and the state sent the paperwork for her unemployment benefits directly to me. I called HR and they told me it was our banks policy to never pay for unemployment so I needed to check the "decline" area.
Now my old bank just let a girl go because the job she was doing was being duplicated by another area (due to new technology). They are paying her for 45 days (she's home now) and said that if she could find another position thru the "internal postings" they might consider hiring her back.

Thanx for all the input everyone. I know that if the new management has room for me, it will probably be at a much lower paid position, and I am sure they wouldn't be as flexible with my winters off. If I was "demoted" or my position eliminated, I don't think I'd want to work here anymore anyway. I have other options. But it looks like I would have to file to take my chances to see if unemployment was available.

If anything changes here, I will keep you posted. Things/plans/decisions have been moving at a snail's pace; but I have a feeling things will happen quickly once a decision is made.

I recieved unemployment for my displacement during Katrina.... granted at the time they were very liberal with the dispensation of money, but that shows you that you dont have to be fired....

Nan - I think that if they merge, and offer you a lower position, if you refuse it, then they would terminate you (assuming, as someone else said, severance isn't offered). If that is the case, then I would think you are eligible for unemployment. Of course, I'm not a HR person, and I'm just using what I've seen in La. That doesn't mean the same thing as Wisconsin. Best of luck either way.

I was laid off last year and looked into benefits and in MA you can get benefits if you are moved to a lower paid job. I was only out of work 3 weeks because I had been looking but I also found out that the way my severance was paid, I wasn't allowed to collect until the severance ran out.

Good luck

If you can prove a reason why you left the position, you may qualify for unemployment. They will do an investigation and then determine if you leaving was for good reason. If it was, they should award you unemployment, the company could then appeal it, and more investigating will be done. At least that it how it is done here. Your state may be different.

In my experience -- in a merger situation -- offers of employment were contingent upon giving up severance if you accepted the offer. If you didn't accept the offer, you got terminated with normal severence.

No severance is expected. The person who wants to buy us is trying to do it as cheaply as possible, and the majority of our Board is too weak/greedy/lazy to stand up to him.

Well that's pretty low down and rotten. I'm sorry to hear that.

When my husband's former employer closed several stores he was offered a job out of state but since it paid less and we would have to relocate, the copany opted to pay unemployment. A lot of the time the company decides if they are going to pay or not. If not, and you fight it, they'd rather just pay than go throught the hastle of fighting back.

When my husband's former employer closed several stores he was offered a job out of state but since it paid less and we would have to relocate, the company opted to pay unemployment. A lot of the time the company decides if they are going to pay or not. If not, and you fight it, they'd rather just pay than go throught the hastle of fighting back.

You'll definitely have to check your state law. I would go to the state's website if possible for general questions, but you are probably not going to get any definite answers from your local office until you actually file a claim.

My experience is from a few years ago when a "big" bank bought out our community bank. Here are a few things I learned:

1. Each position was reviewed -
a. some people were offered jobs outright (example-retail
branch personnel).
b. Some jobs were eliminated - severance package given.
c. A comparable job was offered - job location had to be
within 50 miles, and at least at the same pay. If you
refused the comparable job, you were not eligible for
the severance package.
2. In my state (KY), severance is considered a private agreement between you and your former employer. It is not considered as part of unemployment eligibility. When I filed for unemployment, there were no questions at all about whether I received any severance compensation.
3. We were instructed to file for unemployment as soon as we were severed. We did not have to wait for severance payments to stop.

Regardless of the situation, I would recommend to anyone who loses their job involuntarily to file for the unemployment benefits. In most cases, the company you worked for is not going to protest. The company has already paid the state unemployment tax during your tenure as an employee. They don't pay any extra now that you are unemployed. So in many cases they are not going to protest your claim.

Good luck.

Same as down south for #2 only in IL. They did ask about severance but it had nothing to do with the awarding of benefits. My severance let me work for another company and I still got severance, not unemployment. When that consulting job ended, I filed for unemployment. Consulting firm protested, I had an interview with the unemployment people and they overturned the protest so I got the unemployment benefits.
When the time comes, if it comes, check with your bank's HR department. I doubt if you will be the only one to ask so they should be up to date on the response.
Good Luck.

I'm afraid when the time comes, my HR officer will be one of the first in line.