my position was eliminated and I was offered another position at approx. the same pay, but this job is a physical job that I haven't done in over 20 years and have never done for this company, if I refuse this position, and they have nothing else comparab

I left my last job of 29 years to help my new company rebuild a portion of a failing service dept. in a commercial truck dealership, 4 months in they wanted me to take on more responsibility due to my experience,
and I accepted and was compensated accordingly, now a year later they eliminated my position but offered me a job with like pay as a working service tech. I physically do not think I can work on semi's at 52 years old with a bad back. there is a possibility of another administrative job but at a lower pay grade, my concern is that if I don't take the working tech job would I qualify for unemployment. I do not want to quit the company, but I think since I have not worked as a service tech in over 20 years, I will not be able to perform the job properly.

2 answers  |  asked Nov 5, 2015 08:29 AM [EST]  |  applies to Florida

Answers (2)

Phyllis Towzey
Because this is a material change in the type of job (administrative work vs. manual labor) you will likely qualify for unemployment. Do not resign - have the company lay you off. When you file for unemployment state that your job was eliminated. If you are asked about whether another job was available, you can truthfully say that no comparable positions were available, and that the only job available was one that involved a different type of work that you are physically not able to do. However, the area where a problem may arise is with the lower-paying administrative job. Whether turning down that position would disqualify you for unemployment depends upon how significant the pay difference is.

posted by Phyllis Towzey  |  Nov 5, 2015 09:39 AM [EST]
Arthur Schofield
If you turn down the job and the employer informs unemployment of this you will likely not qualify for benefits. Exception to this might be if you were able to demonstrate to unemployment that physically you were unable to perform the work required in the new position. Hope this helps.

posted by Arthur Schofield  |  Nov 5, 2015 08:42 AM [EST]

Answer This Question

Sign In to Answer this Question

Have an Employment Law question?

Virginia Employment Lawyers

Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Edward Lowry Edward Lowry
Charlottesville, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm

more Virginia Employment Lawyers