Am I eligible for unemployment

I was recently told that I needed to improve my performance at my job. I was give 3 weeks unpaid leave to sort out my personal issues. After the 3 weeks I was informed that nature of my work had been altered significantly from my original hiring expectations. I was told that in order to stay in the current position I would have to acquire new skills which they would help with and send me to class for. Basically this mean I am starting from scratch and loose all my seniority and now I would become the junior most member of the group. I am not willing to do so. The company gave me 5 weeks to find a new job either within the company or outside. I recently talked to HR to find out if I could not find a new job and was let go, if I could collect unemployment. HR informed me as this is coded as a voluntary resignation and as so I am not eligible for unemployment. I am sort of confused why is this considered voluntary resignation as the company changed the nature of my job significantly. What are my right here? Will I be able to collect unemployment? Please advise. Thank you.

1 answer  |  asked May 13, 2010 2:42 PM [EST]  |  applies to New York

Answers (1)

Patricia Pastor
Since your employer notified you that it was unsatisfied with your performance and has given you the opportunity to learn additional skills to keep your position, your best move would be to accept the offer, learn the skills and see how it goes.

Then, if your employer is not satisfied with your performance in the new position and lets you go, you will likely be eligible for unemployment benefits.

The way they have set it up at this point is such that you are turning down an opportunity to improve your performance and keep your job - thus you are rejecting the position voluntarily. Unemployment benefits are not available to an employee who leaves voluntarily.

posted by Patricia Pastor  |  May 13, 2010 3:19 PM [EST]

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