Summary
Refusing a demotion in Georgia may not affect unemployment benefits if the job is unsuitable. Employers can withhold bonuses unless contractually obligated. Consult an attorney for specific advice.Full Conversation
I am getting laid off and the company has posted * positions we can apply for. If I decline the position, can I be refused unemployment compensation?
Hello Katie, could you please let me know your location? The laws regarding unemployment compensation can vary depending on the state.
Peachtree City, GA
Hello Katie, in Georgia:
- If you turn down a suitable job offer while receiving unemployment benefits, you may lose those benefits.
- "Suitable employment" considers your skills, experience, and previous pay.
- If the job offered doesn't meet these criteria, refusing it might not affect your benefits.
It would be a demotion from my current position with the company
Hello Katie, in Georgia if the job offered is significantly below your previous pay or skill level, it may not be considered "suitable employment". Thus, refusing might not affect your unemployment benefits. However, the final decision rests with the Georgia Department of Labor.
The company is denying me the incentive bonus for staying on to the end because I refused the offer of the step down position. But they are letting me continue working to the end of the layoff date. Can they do that?
Hello Katie, in Georgia:
- Employers have discretion over bonuses unless an enforceable contract or agreement is in place.
- If the bonus was a part of your employment contract, they may not withhold it.
- It's advisable to consult with an employment attorney for specific advice.
Ok thanks
You're welcome, Katie! If you need further assistance or have more questions, feel free to ask. Good luck with your situation.
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