Mass layoff Unemployment (employment, school district, law)

[theshortnsassy1]

I am part of a mass layoff of 250 custodians by Board of Education because they are sourcing services through another company that is going to take over all the schools in Henry County in Georgia. Now the company (SSC) said that if we don't fill out an application with them that we will be denied unemployment because we refused to take the job. The pay they are offering want even cover my current bills. I have been working for 19 years and the company is offering way less than what I make now. It doesn't sound right, fair, or legal. Can I be denied unemployment, if I don't work for the company for less pay?

[satchseven]

i do not believe so. they know you guys going to quit

[BobKovacs]

So instead of taking a job at a lower rate than you currently make, you'd rather just collect unemployment? If the new job won't pay your bills, I highly doubt unemployment will.

You may want to evaluate your situation a little more- your chances of finding another custodian job in a school district are pretty slim, since many districts are realizing that they can get custodial services far more cost-effectively by hiring an outside company on contract, rather than having full-time employees and having to pay for benefits, retirement, etc. While the new job with the replacement company may pay less, it might be all you're going to find in your field.

[theshortnsassy1]

I am 41 years old and have sense enough to think things out and weigh my options. I didn't go into detail about what I make and what they are offering. Are did I discuss my plans of starting my own catering business. Yes, I do have other skills beyond custodial services. So how could you even suggest that unemployment wouldn't be better? That isn't what my post was asking for help on anyway. So, thank you for your concern BobKovaks.

[theshortnsassy1]

To lessen confusion. What I want an answer to is this. Is it legal for new company to use scare tactics to force us to fill out application with their company by saying, "if we don't apply for the job that we want get unemployment because we refused".

By the way, their offer is $60 more than unemployment would be a week!!!!

[theshortnsassy1]

Thanks Satchseven!

[Hemlock140]

Originally Posted by theshortnsassy1

To lessen confusion. What I want an answer to is this. Is it legal for new company to use scare tactics to force us to fill out application with their company by saying, "if we don't apply for the job that we want get unemployment because we refused".

By the way, their offer is $60 more than unemployment would be a week!!!!

That's not a scare tactic, it's more likely simply a fact. When there are massive layoffs the terms are often negotiated ahead of time between the employer and the state unemployment office, and that could well be a condition to prevent the UI office from being inundated with claims. This kind of arrangement happens even more often with public agency layoffs. In most states its required to report in advance when there will be 50 or more layoffs.

[goodlife36]

It does sound like a scare tactic but each state has different laws. I would recommend that you contact the Labor department for assistance and start looking for employment. Good luck!

[theshortnsassy1]

Thanks Hemlock140 and Goodlife36 for taking time to reply.

The reason that I say it's a scare tactic because I already contacted Georgia Labor Department and she explained that after separation notice is filed it would make a difference and not before July 1st (last day of employment) unlike the new company is saying or telling us to make them apply. What is happening is that they thought everybody would sign up with them to do same job for half the pay. Which they were sadly mistaken. The next step is saying if we dont take the job we want get unemployment. What I am asking, Is that legal? Nothing more.

[neil0311]

Originally Posted by BobKovacs

So instead of taking a job at a lower rate than you currently make, you'd rather just collect unemployment? If the new job won't pay your bills, I highly doubt unemployment will.

You may want to evaluate your situation a little more- your chances of finding another custodian job in a school district are pretty slim, since many districts are realizing that they can get custodial services far more cost-effectively by hiring an outside company on contract, rather than having full-time employees and having to pay for benefits, retirement, etc. While the new job with the replacement company may pay less, it might be all you're going to find in your field.

As usual, a common sense response from Bob Kovacs.

First of all, unless you have an employment contract or are part of the state merit system, the school system can terminate your employment anytime they want, with or without cause. All states have an "employment at will" standard. Not sure what "civil rights" or constitutional principles have been violated that would even involve the ACLU.

As for the unemployment benefits, I don't know what the law states, but I would imagine that if you turn down an offer of employment or continuation of employment, that you do so voluntarily, which would probably make you ineligible for state unemployment.

I would lastly echo Bob's sentiments that I'm incredulous that you would rather turn down employment to go on unemployment. Even if you look for and secure another, better position afterwards, why would you give up a job for unemployment?