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Two Jobs, One Claim? (But Your Question Raises a Suitable Work Issue)

I have a full-time job and a part-time job doing the same thing; my full-time job has informed me that they will be phasing out my department over the next 6-8 weeks. At this juncture, they are claiming that they will put us all in different departments within the company. My question is this; if the new job does not materialize or pays significantly less than my current position, can I collect unemployment benefits for the full time position that I lost while still working the part time position until a full time position becomes available?


Thank you.





Hi,

It's a good question and only lacks the name of the state, so I could check the specific UI rules you'd be dealing with.

Yes, if the new job in a different dept. doesn't materialize, you would likely be qualified on the "merits" of the separation as it would be a lack of work claim. And your weekly benefit amount would be larger due to the part-time employment if that employment figures into your high earning quarter of your claims "base period".

But, you would not receive the full weekly benefit amount because of the part-time employment .. and you certainly should not quit the part-time job to receive the full amount because continuing eligibility for benefits is continually contingent upon the most recent separation from a job. Can't tell you how many people have quit a part time job subsequent to being found eligible to collect from a lay off .. only to lose benefits because they did quit the PT job.

However, your employer is using a strategy .. used by by the last UCC employer I worked for.

By offering everyone positions prior to the "layoff" they can avoid lack of work claims (because lack of work is never "misconduct) and instead, if there really is not desire by the employer to keep everyone on board .. the offers of work may be completely not within an employees skill set, or completely non-competitive with what you had been earning.

Regardless of the actual facts .. it is what frees any employer to protest a voluntary quit because continuing work was available .. or an actual refusal of suitable work. (Depends on the state.)

Thank you for the clear and concise unemployment question .. it make giving an comprehensible answer .. easier and that is becoming more important to me these days.

Chris

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