Can I receive unemployment if my current employer dissolves or do I have to take a job with the new?

The employer I currently work for is a medical practice that is dissolving. The 4 partners are splitting into two new medical practices. Half of our staff has been offered jobs with one business, the other half has been offered jobs with the other. Under the new practice my current job is going to change by adding more work and reducing my pay by 20 cents per hour. My current boss told me I could not file for unemployment from the company that is dissolving because the new practice is offering me a job at a less wage with more work. I would like to take the unemployment and look for a better job. I do not think I can do more work for less pay.

2 answers  |  asked Sep 8, 2015 12:54 PM [EST]  |  applies to Ohio

Answers (2)

David Neel
Best thing to do is to apply for benefits and provide accurate information to ODJFS so it can calculate benefits. I can assure you with 100% certainty that if you do not apply you will not receive benefits.

posted by David Neel  |  Sep 8, 2015 2:58 PM [EST]
Neil Klingshirn
Good question. I can give you a partial answer.

Your reason for separation qualifies for benefits, since you are being separated in connection with the dissolution of your current employer. You must also show, though, that you are able and willing to accept new employment, are actively searching for it, and do not unreasonably fail to accept comparable employment offered to you.

While this means that you do not have to take a minimum wage job on an undesirable shift, it may mean that you lose eligibility for benefits if the new position is comparable. The facts that it pays less and involves more work cut against a finding that it is comparable, but I just cannot tell.

Whether or not the position offered to you is sufficiently comparable that you have to take it or lose benefits is a factual question that the Ohio Dept. of Jobs and Family Services must answer. Therefore, if you choose not to take that position, apply for benefits and get an answer to your question that way. For making that decision, though, you would be wise to assume the worst, being that ODJFS will find that the new position is comparable, and then make your decision accordingly.

posted by Neil Klingshirn  |  Sep 8, 2015 1:08 PM [EST]

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