Hi, I was on medical leave for a few months and returned to work this week. However, before I returned I was informed by the new manager of our department that my position was being eliminated and that they distributed my duties to other personelle and th

Hi, I was on medical leave for a few months and returned to work this week. However, before I returned I was informed by the new manager of our department that my position was being eliminated and that they distributed my duties to other personelle and that I would be coming into an office clerk role (which is basically a much lower position than where I was) for the time being (as this manager would be on vacation the next 2 weeks). After I returned there has been no clear communication with me about what my title actually is or what my duties are. My question- is it legal for them to eliminate my position before I came back to work even though they basically still kept me as an employee (though in limbo)? And if they only offer me the office clerk/demotion and I do not accept, will I be entitled to Unemployment or will it be considered a resignation? Thank you.

1 answer  |  asked Dec 6, 2018 7:20 PM [EST]  |  applies to California

Answers (1)

Arkady Itkin
Hello.
1. Whether this elimination of your position was legal depends on the type of medical leave you took, your job duties, employer size and other factors.
2. You will be entitled to unemployment if you can show "good cause" for resignation. In this case, this would be significant reduction in pay (30% or more) and in duties. Anything less than that, will put your eligibility for unemployment benefits at risk, unless you are able to agree with your employer that they lay you off without offering that other position, and then collecting unemployment benefits shouldn't be an issue.

Thanks,

Arkady

posted by Arkady Itkin  |  Apr 26, 2019 09:35 AM [EST]

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