Laid off one day, job offer days later

[Yoina]

Approx. 6 mos. ago, I was laid off due to cutbacks and a lack of success in a new market the company could not support. I was employed for a year at the time. It was a face to face meeting where I was told of the termination. Approx. 3 days later, I was told I could consider another 3 month trial - yet, instead of the work from home mode of operation I'd had for the past year, I would be required at the office at least 4 days a week (80 miles roundtrip) -- conditions that I'd indicated were unacceptable when I accepted the position with the company a year earlier. The discussions and documentation on the employer's part, were extremely vague and much of it was verbal. No resignation letter from me, no formal termination letter from them. After almost 6 months of collecting unemployment and searching for new opportuntities, my employer is suddenly indicating that "I resigned" and his claim has resulted in an upcoming telephone review, challenging my eligibility-- Any thoughts?

 

[cbg]

Technically, in a way he is correct. You were offered work and you turned it down; that can easily be considered a resignation.

However, in all states there are valid reasons to resign and still receive unemployment benefits, I don't know what state you were in, but at least in mine, commuting 80 miles a day could easily be considered "good reason" to quit and still receive benefits. Unless he is able to provide a VERY good reason why the "work from home" option was no longer available (and I'm not saying he can't - I don't know), I would expect you to prevail. Just because he challenges your benefits, doesn't mean he'll win.

After six months you can't have very much longer to collect in any case.

 

[Yoina]

Thanks so much. In NJ, by the way. So, indeed after almost 6 months of rec'ving benefits, would there ever be an circumstance whereby the state would require all compensation benefits returned, if for some reason there's a ruling in favor of the employer?

 

[cbg]

I can't claim that it would never happen. I can't offer you a stone-clad guarantee that the employer won't win in your case. All I can give you is an opinion - in my opinion you are likely to prevail.

 

[Yoina]

Thanks -- I'm less concerned with prevailing where the case is concerned and more pre-occupied with whether they'd ever approach me to give back 5 months of unemployment benefits.

 

[cbg]

The two go hand in hand. If you prevail, you won't have to pay back benefits. If the employer does, you will.