My current position is being removed!

Question

I work as BDC inside sales at a Dealership and was just told today that the position will be terminated. But, I was offered a new position of salesperson, which I appreciate but have no interest in accepting. I took the job as an office position a year ago, then was transferred to the dealership at the GM's request and wasn't really ever told what my position was then. If I decline this offer would I qualify for unemployment? And if I accept it what are things I have a right to ask for in writing if any at all?

Neil Pedersen · Answer

Refusing a job offer may prevent you from getting unemployment insurance benefits.  While it is possible that you could establish that there was good cause to reject the offer, you risk being unemployed without benefits.  Your better course of conduct would be to take the job and work it while looking for other work.  If you are terminated because you are not good at your job, you would then get UI benefits, and if you find another more suitable job, you can quit with another job in hand. 
 
As to what you have a right to, you have the right to your final paycheck on the day you are let go.  That is about it. 
 
Good luck to you.

Maurice Mandel II · Answer

Unless you have a written contract that says otherwise, your employment is at will.  Your employer can change the terms of the employment at any time, which is the equivalent of firing you from one job and hiring you for a different one.  You accept the changes by continuing to work or collect pay.  EDD won't pay benefits if you voluntarily quit for no good reason, and they look at whether you are getting a continuing paycheck in evaluating good reason.  So unless the new position substantially changed the terms of your employment, unlikely you can quit and get EDD benefits.  You should consult with an Employee rights attorney.  What's BDC? 
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Q: My current position is being removed!