Am I Forced to Merge with Firm?

Typically, if you are offerred a comparable position during a merger (similiar location / similar pay / similar benefits) and you "don't accept" it's the same thing as you "resigning" so you woudn't be eligible for unemployment.

If you want to go PT..... talk to them now and see if they can solidify a deal for you BEFORE the merger so that the new mgmt would HAVE to accept it or lay you off..... THEN you could collect unemployment.

That's if you are wanting to stay with the same company and work PT.

If you are wanting to quit, work PT somewhere else so you can be at home with your kids and just collect unemployment because it happens to fall timing-wise at the same time as the merger.... then that is abusing the unemployment system to your advantage for personal choice.... which, I think, technically is fraud. So, then you would want to be VERY careful about what you say to mgmt or even co-workers about your desires after the merger.

Good Luck.

Job in hand, and you want to know if you can collect unemployment?

I'm sure some of the people complaining about how much in taxes they pay may comment. I hope you're prepared.

Tough one. I agree that it might be easier to move to PT with your current employer, who knows you and your work, than with brand new management. If you are serious about PT, you might want to broach the subject now. On the other hand, it might be easier for the new company to lay you off if you are a PT employee (they might not see you as necessary to the operation). If you get laid off, unemployment is available. If you decide to leave based on the new ownership, you are less likely to get unemployment as that will be seen as a voluntary action on your part. The hard thing about unemployment is that each case (person) is reviewed seperately and it is hard to know for sure what the unemployment office's decision will be.

(The company does not have the say over whether a person gets unemployment or not, at least in my state. I've worked as an HR Manager and have had discussions with that office. They will ask for information from the company, but they make the final decision.)

I am pretty sure you have to go along with the changes, however I would discuss the option of part time now and see what they say, this might be a move you can only get away with now and the other place just has to accept it as part of the merge. You may end up let go as part of the merge as well. I was part of a HUGE corporate merger and our only options were to quit, or go along with it. We could not even do a latteral move to a different area of the company. I knew someone who was going thru the interview process in auto vs consumer (ours) and it was stopped midstream once the announcement was made. Then 6ish months later we were all laid off.

I could totally be wrong, only been on unemployment once (due to lay off prev mentioned) but I do not think this would be grounds for collecting unemployment - your current firm can easily say NO in regards to your claim if you quit, esp do not make any major moves based on a rumor.

Best to ask an employment attorney this question. Don't screw yourself and jump "into the fire" when you have a heads-up on this. Find out exactly what your rights are.

Dawn

You are assuming they will want you to stay and if you choose to not stay that means you will be choosing to quit. You cannot get unemployment for quitting a job.

If they want you to stay you have a job, if you say no that is quitting.

Plain and simple.

Sounds like you are worrying about a lot of stuff, if you can afford to quit then go ahead and quit. The new company might be a really good company and have some part time jobs available.

Myself personally, if I was working full time and was thinking about trying to go half time I would be worried about my benefits being cut too much. As a full time employee I earned all kinds of stuff like retirement, insurance, vacation and personal day time off. I would not want to work part time and lose all that.

In every state you cannot collect if you voluntarily left the job. In a merger you are not offered a job you are offered the opportunity to keep your job, not taking it is akin to quitting.

Your other question do you have to take it no, of course not, I am assuming you are not a contract employee. If you are under a contract that is a whole other deal.

If I were you I would tell your partners now, before the merger. That way they can present you as a part time employee. Otherwise they structure the new company and then perhaps let someone go they didn't have to and then find out they could have kept them with you part time. Not a good way to meet the new bosses.

I think now is the time to let them know you're looking to change status to PT. I wouldn't wait.

Each state is different. However, in general in order to collect unemployment you need to be actively looking for employment and as long as employment is offered to you that is similar to what you had, you must take it. If you choose not to take it, then you would not be eligible for unemployment.

I think your decission to hold off with the PT is wise. You may find that with the merger new opportunities will become available.