My employer is eliminating my job on September 12, 2021. They're offering me a step down position at a lower rate of pay. Can I collect unemployment if I don't accept the step down position?

Worked for Kroger 35 years and my position is being eliminated on Sept 12 2021.

1 answer  |  asked Jul 16, 2021 4:06 PM [EST]  |  applies to Colorado

Answers (1)

Nina Kazazian
Hi thank you for your question. The first question I have is whether they are really eliminating your position or if that is just an excuse for reducing your pay and responsibilities. I would suggest you consult with a lawyer to evaluate all the facts and history to determine whether you might have any other claims (such as age discrimination) arising out of this situation.

As to whether you can collect unemployment--that would depend on a few factors. You are not required to take just any job, although you are required to take action every week to find a job. So, again, consulting with a lawyer or calling the Colorado Division of Labor and Employment to ask this question is recommended. For example, if the new position is close to the same amount of pay and responsibilities, it is more likely that the CDLE might find you ineligible because you turned down a suitable job,

In short, to answer your questions definitively requires a closer examination of the facts. You have some time, yet. so I hope you will take the opportunity to consult with a lawyer about your situation.

posted by Nina Kazazian  |  Jul 16, 2021 4:14 PM [EST]

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