Bait & switch job with unemployment benefits.
August 8, 2011 6:02 PM   Subscribe

What happens when you are on NYS unemployment, you get a job, show up for the first day, and find out the job situation was a bait & switch?

A friend went on UI recently in New York, in NYC. She interviewed and received a job where she was told the hours are flexible, the vacation & personal time was 2 weeks a year, and that there would be dental coverage. She went in for her first day today, and was told the hours are not flexible, there is a 90 probation period before she gets any time off, there are no dental benefits, and PTO is five days total, per year. If she doesn't go back, what happens to her unemployment benefits from her last job? Are the discrepancies in what she was originally told when she took the job a valid reason for not continuing with the new job, will this stop her current UI benefits?
posted by kellyblah to Work & Money (2 answers total)
Shouldn't your friend simply contact the UI office in the morning, and ask them these questions? They seem like the kind of thing that would happen quite a lot, and the UI office is there to help, not to cackle like an evil villain and say "no you are trapped HOHOHO."

Meanwhile, she should show up the next day, and she should request a chat with HR -- and during that conversation she should mention the specifics of what she was told, and by whom, and take the position of "since I have been given at least two conflicting views of what this job actually entails, I want you folks to break the stalemate and tell me exactly what the deal is." Even if HR presented one of the conflicting views. Ideally, get it in writing.
posted by davejay at 7:54 PM on August 8, 2011

I am not in NY, but I have been on unemployment in another state. I am also not a lawyer.

Would they stop her unemployment benefits? It depends if the unemployment office was told she:
1 - interviewed with the company (they may request information from them about her)
2 - received a job offer from the company (this would have been done by her to stop her benefits)

If the company knew she was unemployed it is possible they would report her turning down the job to the unemployment office. This would take some effort on their part, but it is possible. What the unemployment office "knows" is typically dependent on what your friend has told them.
posted by BuffaloChickenWing at 9:29 AM on August 9, 2011

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