I’ve work for a security company here in NYC for over 3 years recently the company was bought out and all employees are being switched over to the new company, but in the proces,s we are losing our accrued vacation time.
I want to know if I choose not to switch over to the new company because I would lose currently accrued vacation time, Would be found eligible to collect unemployment benefits?
The Answer About Vacation Time Being Good Cause for a Refusal of Suitable Work
Here’s the problem I’m envisioning if you don’t take this “new job” although likely the same job .. because accrued vacation time isn’t being transfered over from one employer to another.
We’re talking the possibility of a denial for a refusal of suitable work and that is a major topic found on the NY UI Interpretation Index. It’s a good free resource by the way for NY employees and employers alike, but it pertains to UI .. not necessarily labor law.
My first step would be to see if I could connect NY labor law to vacation pay needing to be paid out, or not to departing employees.
My first question is my answer. Find out whether NY might have an applicable labor law to the actual employer with whom you did accrue this vacation time that requires them to pay out vacation time to employees they are terminating via a “lack of work”, while at the same time, letting the company buying out rush you into a decision about accepting their new terms and conditions of employment whether, or before you know the offer is also suitable work.
I suspect the new employer probably isn’t responsible for paying what was accrued prior to the buyout, nor mandated by some law to transfer that time to their books.
I would also suspect at this point, if you would be refusing a bona fide offer of work for the reason you stated .. you would be denied benefits .. unless you find some argument where the resource above, starts discussing “fringe benefits”.