Eligible for unemployment?
March 30, 2010 7:11 AM

Am I in my rights to file for unemployment? Recently laid off but promised of a "transfer" to a different job.

I am a seasonal city of Austin employee in Texas working as a registrar. I was recently brought into a meeting and told of a complaint filed against me for "lack of initiative," which was described to me as spending too much time on the internet and drawing at my desk. Instead of being laid off, I was told that I would be transferred to a cashier position at one of the pools.

The thing is, as a registrar I have been interviewing for this very position and have been told the following if I get any inquiries about the job: They are to be told that they will be put on a waiting list because we have the maximum amount of applicants. More or less, the department isn't hiring for this position.

Instead of being laid off, I am being "transferred" to a position I already know has no availability and I may be put on this ambiguous waiting list. Would I still technically be an employee for the city? Or have I actually been fired? Can I file for unemployment?
posted by anonymous to Law & Government (3 answers total)
IANAL, But I'm pretty sure that if you're not getting paid, you should be eligible for unemployment.

Here in Iowa, and I would imagine most other places employees who are 'furloughed' are eligible for unemployment, even though they they should be getting their jobs back at some point.

But that said, why not call up your unemployment office and ask them?
posted by delmoi at 7:42 AM on March 30, 2010


You should be able to file for unemployment if, indeed, you end up without a paying job. It sounds like that hasn't happened yet though.

In any case, what delmoi said is right: the best people to ask about this are the ones in the unemployment office. They're the ones ultimately who will be making the decision.

Good luck!
posted by alms at 10:23 AM on March 30, 2010


"I would imagine most other places employees who are 'furloughed' are eligible for unemployment, even though they they should be getting their jobs back at some point."

Depends on how long you're doing it. CA EDD doesn't give you money for being out of work temporarily unless it's been a few weeks, last I checked.

But back to the question: are you out of work right now, sitting at home? Have they given you a start date for when you start cashiering? Did anyone say anything about moving you up in the waiting list?
posted by jenfullmoon at 2:24 PM on March 30, 2010


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