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Victim of restructuring! Laid off or forced into low paying position

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JoeHelp

Junior Member
What is the name of your state (only U.S. law)? Alabama
I've been with my company for eighteen years and due to bad business they have laid off thousands of employees this year nationwide. We were all given a year to be rehired permanently but our titles were taken away and they conveniently gave us a made up one. So now they want us to reapply for part time with no benefits or now the first full time jobs available to us are over five dollars less an hour and we will be topped out at this level. No hope of ever getting a raise or moving up until someone leaves. I feel like they are doing this to get out of unemployment and severance. Any input would help the severance is only a normal pay check for two weeks. I don't want to go on unemployment, but I would be making the same amount as working this new lowly job and am scared now I will not find employment elsewhere before they get rid of me. Will I even qualify now? I feel like they are offering these jobs in an effort to not compensate us if we don't take them. The job I'm doing is a lot more physical than my prior and I'm already having problems. I don't feel like I can stay there.
 


adjusterjack

Senior Member
Sorry, nothing wrong or illegal is happening.

File for unemployment.

At the same time apply for whatever jobs are open with the company, whether you get it or not. If you turn down an offer of work, you might not qualify for unemployment.

There is no law that says anybody has to pay severance, though might be a union requirement if you are a member of a union.
 

JoeHelp

Junior Member
Sorry, nothing wrong or illegal is happening.

File for unemployment.

At the same time apply for whatever jobs are open with the company, whether you get it or not. If you turn down an offer of work, you might not qualify for unemployment.

There is no law that says anybody has to pay severance, though might be a union requirement if you are a member of a union.

Sorry I'm sure they aren't doing anything illegal and have amazing lawyers that made sure of that. I should clarify will I be eligible for unemployment if I don't take the lower paying job? And will me taking severance hurt my chances? I am applying for jobs now, but thought I had until January to find one.
 

adjusterjack

Senior Member
Sorry I'm sure they aren't doing anything illegal and have amazing lawyers that made sure of that. I should clarify will I be eligible for unemployment if I don't take the lower paying job?

Depends on how much lower the pay is. It would have to be well below the unemployment benefit to be good cause. See Page 10, paragraph 5 of the following guide:

https://labor.alabama.gov/docs/guides/uc_brr.pdf

And will me taking severance hurt my chances?

No. It will only delay your benefits until the severance runs out.

You still have to file for benefits on day 1 of the layoff and report the severance.

You can get more information from the Alabama Department of Labor:

https://labor.alabama.gov/uc/unemployment-compensation.aspx

It's possible that taking the lower paid will still get you some adjusted unemployment benefits.

Again, file and report, take the part time job and report the income. That's the best course of action.
 
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Chyvan

Member
At the same time apply for whatever jobs are open with the company,

If you want UI, do NOT apply for jobs at the company. The company has no power to make you apply for anything. If they want to do the job, they will offer it to you.

If you turn down an offer of work, you might not qualify for unemployment.

Alabama is no different than most any other state. The job has to be "suitable" and that has meaning. Part-time, changed duties, and lower pay all make the job unsuitable, and so does the offer coming from the same company that laid him off.

Depends on how much lower the pay is. It would have to be well below the unemployment benefit to be good cause.

That's not how "suitability" works. The job needs to pay less than that what he was earning in "recent previous employment," not compared to his UI benefit.

It's possible that taking the lower paid will still get you some adjusted unemployment benefits.

Again, file and report, take the part time job and report the income. That's the best course of action.

You might think it's "the best course of action," but for a lot of people, it's not. Part-time work and partial UI is a huge rip off to the claimant. The better thing to do is get a job about as good or better than you had before, and get off the system, and stay away from the part-time stuff and flirting with the UI system. It can cause problems that most people can't deal with, leave you with nothing, or results in you netting about $1/hr. It's not worth it.
 

commentator

Senior Member
Alabama is one of the southeastern third world states. The maximum weekly unemployment benefit this person could be drawing is $265 a week for 26 weeks. That's not likely to be anything you could draw partial benefits with, unless you are really really being cut in regard to hours and pay, because in order to receive benefits, you have to have made less in gross pay for the week than the weekly basic allowance. I suspect that the company, with its good lawyers, will have carefully stocked the jobs to where no one qualifies for partial unemployment. They don't like to fool with it.

That being said, you have had a good run with this place. But the company is going to downsize and lower wages. They can, they will argue that they "have to" to stay open. (We all know it's to get rid of you guys, the long termers, the high earners, the "blue hairs" as one company exec actually said.) The question is, are you going to be able to replace this job with anything at all that is better than what you had? If you are in a small place, with limited job opportunities and you've had the best place in the area to work, you are going to have a very hard time finding anything equivalent. As long as this place will continue to offer you something other than a lay off slip, they might be doing you a favor.

Particularly in states like Alabama, with very low weekly benefit amounts, unemployment insurance is not a lifestyle choice. It's a bottom of the barrel very low paying necessity, and it ends VERY abruptly after about six months, with NO potential for any extensions, regardless of whether you've found another job or not.

So if you refuse to accept any of these lesser jobs, (IF they're offered to you instead of a separation notice) you are let go, and apply for unemployment insurance. The chances are fair that you will be approved, and you draw until about next summer, without finding anything else, but then what?

These new lower paying jobs at this old place may look pretty good to you after you've been shopping around the area for other jobs. This company may eventually shut its doors altogether. Then there will be more people out there competing with you for other jobs. You people who've had the good jobs with good wages may find that employers shy away from you because they'll think you have too great an expectation of being paid well and having decent benefits. Sad but true.

No, they can't make you take much lower paying jobs with this company. You're pretty likely going to be able to get approved for unemployment insurance, though it will be a long process to get it adjudicated and start receiving weeks of benefits at max $265 for 26 weeks. They'll deal with how much severance will affect the unemployment, you go on and file the claim immediately, tell the system about any and all severance you are receiving, and let them make the decision.

Warning, the job you are now doing is the job you will have to consider yourself "able and available" for when you file a claim. You mention that the new job with this company you now have is more physically demanding than your former jobs. BE SURE you do not in any way mention any physical limitations on the type of work you can do while you are in the unemployment process. If you were to quit the new job you're working now because it is causing you problems related to your health, you would not be at all likely to be approved for unemployment, as you must be fully able and available for equivalent work.


Then what? No, "Unemployment can't make you take something that was less than what you were making" technically, but realistically, are you going to find something that will be equivalent to what you were making? During the time period you are drawing benefits, you may have to really lower your expectations. You've had a very good job that will be hard to replace. By the time you have drawn out your claim, you are expected to be a whole lot less picky in your demands about what kind of jobs you'll accept. And you'll need to be. Because as I said, that unemployment will come to a screeching halt, and there is no more until you've worked again and paid in more quarters of wages and been laid off through no fault of your own.

So you have to make a decision. If you accept the new, lower paying jobs, and work one minute at them, they're now considered the ones you'll be laid off from. If you accept one of them, and later quit because you can't live on what you are making, or because you don't like the working conditions, or because your back is hurt, you'll probably not qualify for unemployment insurance at all.

If you want to go ahead and refuse the jobs, and take the lay off, file for unemployment immediately and take what you can get. I know you understand that you'll have to find something else, quickly, and it probably won't be as good as what you had, at least to start. My best wishes to you. I have spent many years working with people in this type of situation. It is a hard change, and the reality of losing a good job is very tough. But sometimes these changes we are forced to make turn out well.
 
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