HR question- re: unemployment

Hello HR ladies and gentlemen- I have a situation that I need clarification on...

I work for a small IT staffing company on LI.

OK so, essentially, I have been told that I am losing my job as "office manager". They want to replace me with someone for $10/h. IF they land this big contract that they are working on, then I am to take this new position as recruiter support/recruiter. The pay is $12K LESS than I make now. The position would also have commision, though no commision is guaranteed, obviously. If they lose the contract, I am simply unemployed.

I do not want this new position. But this puts me in a real bad situation, since I am 7 months pregnant...

If I tell them, no thanks- I don't want the new position- am I forfeiting my rights to unemployement?

Re: HR question- re: unemployment

I don't know but

Re: HR question- re: unemployment

Yes, I believe that is the point. They're offering you a ridiculous alternative so that you'll pass it up and they don't have to pay your unemployment. That's just dirty. I would take it as they would never expect you to. Do as little as possible without reneging on your responsibility until you find something else. Even with the $12 grand less, when you figure in the benefits....it's probably still more than unemployment would pay. Sorry they're doin this. GL

Re: HR question- re: unemployment

Oh no, that is the worst news ever.


It's not even more than unemployement, if I figure in the fact that I don't get paid for maternity.

Would they really have to pay anything out of their pocket for unemployment? Doesn't their insurance cover that?

Re: HR question- re: unemployment

I am so sorry you are going through this!

If you accept the job would you qualify for maternity leave?

Re: HR question- re: unemployment

No- there is zero maternity leave.


I don't want anyone to think that I am turning down a job to take advantage of unemployment- I realize that is what this looks like. It's just that it's $1000 less a month! And at LEAST twice as much work- the kind of job where you are ALWAYS working- where if my phone rings at 8PM on a Saturday I have to take the call, and get on my laptop... and I can not handle that right now. It's not something that I could EVER handle, let alone while pregnant- or worse- with a newborn!

And as for the commision, I doubt it's validity. My boss is a smoke blower. And I have seen 2 recruiters leave after 2 months of zero placements for this client, thus no commision.

I am praying right now that they lose this contract, and that makes me feel terrible, bc it's a small family company, and I don't wish them the financial implications... I just don't like this position.
I suppose I should put off any decision until I see whether they have received the contract bc otherwise, I am laid off anyway, which is like a blessing by comparrison.

Re: HR question- re: unemployment

dude...I effing effing HATE THIS COMPANY and what they have continuously put you through.

HATE THEM.

eff THEM.

I am PRAYING PRAYING PRAYING they don't get this contract.


I am doing the NO CONTRACT DANCE


your boss is an effing piece of SHYTE. SHYTE SHYTE SHYTE.

call the Dept of labor. this is basically blackmail. is digusting.

I am so sorry my darling. this is bullocks!

Re: HR question- re: unemployment

Thank you, sugar lumps.
I may join you in the no contract dance.
Thing is- they will not get it, if I don't step up and help- which I will gladly do if they agree to my "lay me off anyway" condition....

Re: HR question- re: unemployment

I think you should call the NYS unemployment office (you can remain anonymous) and ask them this question. From what I know (don't take this as fact), I don't believe you would be forfeiting unemployment if you don't take the lesser position. At least if the unemployment office confirms this, you will have some peace of mind before you find out whether or not your company is getting this new contract.

Re: HR question- re: unemployment

That is an excellent idea.
Thanks everyone!

Re: HR question- re: unemployment

Message edited 11/15/2011 7:39:09 PM.

Re: HR question- re: unemployment

Unemployment insurance is temporary income for eligible workers who become unemployed through no fault of their own and who are ready, willing, able to work.

Technically they are not laying you off as they have offered you another position. You could be disqualifed from unemployment benefits.

You are definitely entitled to maternity benefits whether your company provides such or not. That is done through NY State. Since you are 7 months pregnant you will be leaving soon so I would go along with their nonsense. You can look around for another job while on leave.

http://www.labor.state.ny.us/ui/ui_index.shtm

Go to the above web site and find contact information for UE and speak with a rep. Also, get contact number for NYS Disablity and inquire about your maternity benefits.

Employers pay unemployment insurance taxes so this would have nothing to do with it costing them anything to fight a claim.

Re: HR question- re: unemployment

Hello.....
December of 2006 i was faced with the same scenerio you are going through now. The company that i worked for was going through alot of changes since they had been brought by another company.They were sort of you can say "downsizing" and rearranging people to accomodate those that would have lost there jobs.I felt that they were doing a good deed by replacing these employees in other postitions instead of laying them off.

I was offered another position for the same pay, but more work!!!! These made me so unhappy and there was nothing i could do.I was told by my union rep that the company was doing everything by the "books" They were not laying me off and i still was employed.

The companies have every right to move you around as they wish.You unfortunatly have no right to collect unemployment.I attempted to do so after i left this company.I was denied unemployment because the company did not fire me.I know it seems unfair but my advice you to think it over.Unemployment would not be an option.
I wish you the best of luck!
I pray that the contract does not go through!!!

Re: HR question- re: unemployment

Message edited 12/27/2007 7:17:08 PM.

Re: HR question- re: unemployment

its been my experience as a small business owner that employees almost always qualify for unemployment now.
We had a nice young man that worked for us for a very short time, then he disappeared. I found out he stopped coming to work because he was in JAIL. A couple of months later I got the questionare from the unemployement office, I explained what happened & he got benefits anyway.
The most important thing for you is your pregnancy, their restructuring & possibly screwing a pregnant person out of a job is a big no-no.
Call the labor dept.