Resignation or Severance Pay

my job role/ responsibilites have recently changed for the worse, and my question is: if my employer proposes a new position within the company (lateral move), and i choose not to accept the position, would i still be entitled to claim severance benefits if i don't choose position and end up resigning...?

what about getting unemployment if i choose to resign, bc the position offered to me was a step down from current role...?

- jkoatx

1 answer  |  asked Nov 2, 2010 11:21 AM [EST]  |  applies to Texas

Answers (1)

DOUGLAS K. MAGARY
The question of severance pay is a matter of contract. It depends on the definition of severance pay under the employer's policies. Usually, you would not be eligible for severance pay in your situation unless the definition is very broad.

As for unemployment compensation, The TWC defines Available for Work as being ready, willing, and able to accept any full-time suitable work. To be available for work you must:(1) be willing to work all the days and hours required for the type of work you are seeking or (2) be willing to accept the usual rate of pay for a person of your qualifications and experience

The TWC defines Suitable Work as work that the TWC determines you should be willing to accept, evaluated on a case-by-case basis. Factors the TWC considers include:

*Your experience, qualifications, and training
*The working conditions and pay for similar work in your area
*Any risks to your health, safety, or morals
*The distance to work from your home and local commuting patterns
*The length of your unemployment

In some cases you may turn down a job if the wages, hours, or conditions of the work offered are substantially less favorable to you than those prevailing for similar work in the locality.
For example, if the average wage for certified electricians is $20/hour you would not be required to take a job as a certified electrician at $10/hour.

DOUGLAS K. MAGARY
ATTORNEY - MEDIATOR
9090 SKILLMAN #182A
DALLAS, TX 75243-8262
TELEPHONE: 214-343-9100
FAX: 214-503-9231
E-MAIL: DKMLAW1@AOL.COM

posted by DOUGLAS K. MAGARY  |  Nov 2, 2010 12:46 PM [EST]

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