unemployment

tippie

[font size="1" color="#FF0000"]LAST EDITED ON 03-23-03 AT 01:22PM (CST)[/font][p]If a manager resigns their position and requests to be transferred to an available hourly position for which he/she is qualified, and the the company denies the request and informs the manager that the resignation will be accepted and the request for transfer denied, would the manager be eligible for unemployment benefits?

Don D

Probably not, is my guess. The question becomes "Who initiated the separation?" The employee did. So, they are arguably 'out of work through their own fault'. You say he resigned. Now, my guess would change if the person simply requested the job change and the company terminated. Then they would be 'out of work through no fault of their own'. It'll take a claims examiner downtown to rule on it. Be prepared for a hearing, no matter which way the ruling goes.

Jax

I would agree with Don. It sounds to me like this person was looking for a position change and the company decided to terminate. Did this employee express interest in retaining their old position if the hourly wasn't available?

jimlegal

I agree with Don, the employee resigned. I know of no affirmative duty you would owe a resigned employee to transfer them into another position. Besides in my experience if you reduce a person from manager/supervisor to the non-manager/supervisor ranks it creates problems more times than not. This is my two cents...

valentine

If the person is in Massachusetts probably yes. Massachusetts is very liberal with unemployment and if the person told unemployment they had a "compelling" reason for leaving their job then they'd get it. Could be anything from job stress to problems with their supervisor.