I'm being forced to resign. Will I be able to collect benefits?

by JAY
(TAMPA, FL. US.)

My job is going through major changes. My position is no longer available. I was offered another position. If I don't take it I will be forced to resign. Is this legal? And if so can I collect unemployment if I resign?


Jay,

Forced to resign? First of all, if your position is being eliminated...that's a layoff.

But the employer is raising a protestable issue by offering you another position. It's important to understand that an employer can protest this type of quit as a refusal of suitable work.

What a strategy, if an employee isn't aware of the fact that refusal of suitable work is grounds to deny unemployment.

You can read this statute here beginning at (2) (opens in new window).

There are reasons for refusing work, and getting unemployment, but as always good cause to refuse work is just another stumbling block that if you aren't aware of it, could throw a monkey wrench into what would otherwise be a layoff.

Great question.