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Can we really get unemployment? - sm

Posted: Nov 25th, 2017 - 5:09 pm In Reply to: Alliance - Dumped

I read the following from the US Department of Labor: Note that the WARN act applies to businesses of over 100 employees... is this us?

When a business is sold, there is a technical termination of employment, even if you continue working the same job for the new employer. WARN does not count that technical termination as an employment loss if you keep your job. Effectively, when a sale occurs, an employee of the seller company (excluding part-time employees) automatically becomes an employee of the buyer company for WARN purposes.

The job that you get from the new employer, the buyer, does not have to be the same job at the same wages and working conditions that you had with your previous employer, the seller. As long as the wages or working conditions are not so bad as to be considered a constructive discharge, changes in your job are not a reason for you to have suffered an employment loss. The definition of what constitutes a constructive discharge varies from state to state, but basically, it means a change in wages or working conditions that is so drastic and that is so onerous on the worker that the worker can reasonably consider him/herself to have been fired or forced to quit work.

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