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  1. #1
    Join Date
    Aug 2009
    Posts
    4

    Default Maybe Getting Rehired by Employer That Laid Me Off

    My question involves unemployment benefits for the state of: Florida
    I got a call today from a manager of a branch for the company that I got laid off by after 10 years of service. This branch is a different division of the same company that I worked for so they all know me. I was told through the grape vine they were going to low ball me even with all my experience with two seperate divisions with this company. My question is if they do low ball me and I do not accept the position will I lose my unemployment benefits. I just don't see how they can get away with laying you off after ten years and seeing if you will come back at half of what you were making. And yes I did sign a severence agreement but was under a little pressure to do so 4 months ago. Any help would be appreciated. Thank you

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Maybe Getting Rehired by Ones That Laid Me Off

    You really need to talk to a Florida attorney specializing in UC claims.

    If it was any other employer you could just say the pay was not acceptable and not take the job. No chance it would get back to UC.

    However, it is the employer that is paying your current UC claim, so if you turn them down, they will certainly report your employment refusal to the UC and challenged your benefits.

    Personally I have no idea if there are rules on what pay they can hire you back at or that you can refuse. It would be a pretty dirty trick if a company lays off a long time and well paid employee and then offers to hire them back a few months later for much less money under threat of losing the UC.

    I have not heard of any UC rule that says you have to take any job at any wage from the employer that laid you off. I have not heard of any UC rule that says you have to take any job offered regardless of pay. The exception to that is if you are on extended UC (which you are not) where you have to accept any job offered that pays more than the UC and at least minimum wage.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Maybe Getting Rehired by Employer That Laid Me Off

    If you turn down available work, you are no longer eligible for benefits. And if you turn down available work from the company whose account is being charged for your unemployment you can be darned sure the UI office will know you turned down the job.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Maybe Getting Rehired by Employer That Laid Me Off

    Agree. Why should the company's benefit reserve ratio (that's the calculation on which the employer's UI tax rate is based) be charged with your benefits, when you could be working? If I were this company, I would definitely tell the agency that I had offered you work and you turned it down.

    There is no "bright line" that says X decrease you must take, X-1 decrease you do not need to take.

  5. #5
    Join Date
    Aug 2009
    Posts
    4

    Default Re: Maybe Getting Rehired by Employer That Laid Me Off

    My issue is I worked hard to get to the salary level I was at and then was laid off because I made too much. Who's to say that an employer isn't laying people off and then rehiring after a severence has been signed at a lower wage to save money but keep the experience. I have been told being part of sales is going to be required and everybody knows I do not want to be in sales would that be enough to turn down the position? Sales are nowhere on my resume and have no intention to enter that field. The position was offered as a driver position, but I have been a receiving manager for the past ten years with this company. I do have 23 years commercial driving experience that is why I accepted the interview. Thank you for your help.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Maybe Getting Rehired by Employer That Laid Me Off

    "I do not want to be in sales" is NOT a valid reason to turn down the job and keep unemployment benefits.

  7. #7
    Join Date
    Aug 2009
    Posts
    4

    Default Re: Maybe Getting Rehired by Employer That Laid Me Off

    Please don't get me wrong, I do want to work but not in sales. I have had a few minor issues with mouthy construction workers that don't know what they are talking about I don't back down when I'm right thats why I stayed behind the scenes in the warehouse. My thing is I will accept the driving position but if they do bring up the sales thats not what I'm applying for and should not be forced into these are two different fields. So I could end up being fired for not being good at sales and lose my benefits anyway. So should I be a jerk at the interview so the job isn't offered. I just don't see how I'm the bad guy here.

  8. #8
    Join Date
    Aug 2009
    Posts
    1

    Default Re: Maybe Getting Rehired by Employer That Laid Me Off

    I understand that frustration of being laid off after 10 years and then rehired at a lower wage. I think it is the sad state of the economy that forces alot of employers to use unscrupulous tactics in an effort to save money. I would still take the position just to be stay employeed. Regardless of weather or not I was trying to collect UI. It is easy to get used to earning a certain wage and feel that you will get that at your next job. Unfortunately, that almost never happens in an economy like ours. Good luck.

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