Question for anyone in HR.. or anyone that can help

I've been at my job for 19 years now and the owner has decided to sell the business and he's offering 2 months severance pay. The new company buying the business is willing to keep all the employees, but I really want to leave the hotel business, and go back to school for something else.
My question is... if I decide not to stay, would I be able to collect unemployment in this case?

Thanks in advance for any advice.

Re: Question for anyone in HR.. or anyone that can help

No.

You are not being let go, you are essentially quitting. You are also being offered 2 months of severance.

But on the first point alone, you are not eligible for unemployment. You must have lost your job through no fault of your own. You are not losing your job, but rather quitting.

Question for anyone in HR.. or anyone that can help

I wouldn’t say that it’s a firm NO. Are you being offered the exact same hours, salary, benefits? You might be able to collect unemployment but it would not be until after the severance runs out.

My friend was able to collect unemployment (15 years ago) when our job at that time switched our hours from 9am-5pm to 11am-7pm and she was unable to find adequate care for her kids.

Question for anyone in HR.. or anyone that can help

You cannot collect unemployment while getting severance - unless the severance comes more than 30 days after your last day (there's a loophole).

Also - to collect unemployment, you need to be ready and able to work. If you are going to be going to school - you aren't ready and able to work (unless you are going at night). You have to apply to jobs each week and you cannot turn down jobs unless the pay is below a certain amount (which your counselor can determine for you).

ETA - My advice is stay and if you would like to go to school, take classes online or go at night. I was let go of a job recently after 20 years and although I have a lot of transferable skills, since the job market is so good right now, a lot of companies are only considering people who are an exact match for what they are looking for. In the industry that they have worked in.

Message edited 7/24/2019 12:31:49 PM.

Question for anyone in HR.. or anyone that can help

A few years ago I was terminated from my job while i was on paternity leave bc the firm I worked for underwent a merger and my position was eliminated. So my termination was not voluntary and it was not for cause- which may be different in your case bc if you vountarily quit you are not entitled to unemployment and the employer can fight it- unless your company is willing to terminate your position if you ask them.

However I was entitled to unemployment despite the fact that I also received severance pay upon termination. However my experience was over 7 years ago so things may have changed since then.

Message edited 7/24/2019 2:44:57 PM.

Re: Question for anyone in HR.. or anyone that can help

I got severance and unemployment at the same time.
They might have put it down as some kind of bonus, or something, I don't remember.
It was a lump sum.
But my position was eliminated and I wasnt' given any option to stay.

Question for anyone in HR.. or anyone that can help

Thanks everyone for your replies! We're having a big meeting with the owners next week, I guess I'll get more details regarding salary and benefits then.