Q) my wife has worked for over 30 years for the same company. it was her 1st job ever she makes about 65k a year with benefits that she opted out to go under my plan about 2 years ago. she gets some compensation for this. she also receives an annual holiday bonus. their is a probable merge going to be happening sometime in 2016 with another company or this other company will be buying my wife’s company accounts. she will then be required to travel by public transportation –walk some 8 blocks then pay for bussing to get to new location about 45 minutes away and then walk again. she does not drive never had to, no license. i am on total disability. if her job is closing up in the same walking distance town she’s been working for over 30 years and now it will be taking over by an established big company…..does she have to go???? or can she opt out for unemployment if she chooses??? and what happens if they —new company cuts her salary, benefits that she was entitled to but chose the extra money. What happens if the new company has new requirements-rules, retirement plans, seniority, etc. that she would lose all or some entitlements that she built up for over 30 years even though its a non-union job …..all due to a ”buyout” or ”merger” or whatever they want to call it?? is their any opt out for my wife ( RELIEF) LABOR LAWS?? UNEMPLOYMENT BENEFITS IF SHE WANTS? or is she subjected to having to go to this new company. does she have a n y labor rights as a 1 time 30 year plus employee with the same office that she was able to walk to her job in all kinds of weather. i tried calling for answers to these same questions but nobody picks up i am waiting for your response thank you.
A) In most cases, no. If a company is bought out, the employees of the acquired company typically become employees of the acquiring company. This means that they will be subject to the same employment terms and conditions, including the same eligibility for unemployment benefits.
There are a few exceptions to this rule. For example, if the acquiring company decides to lay off employees of the acquired company, those employees may be eligible for unemployment benefits. Additionally, if the acquiring company changes the terms and conditions of employment for employees of the acquired company in a way that is considered to be a constructive discharge, those employees may also be eligible for unemployment benefits.
If your wife is concerned about her eligibility for unemployment benefits, she should speak with an employment lawyer in your state. The lawyer can help her to understand her rights and options under the law.
If your wife quits her job she may not be able to claim unemployment benefits. In some occasions she may be be able to claim benefits due to unfair treatment or harassment. Please recommend that she visit her local unemployment office and speak with a counselor. She can also visit her state unemployment benefits website to view your state requirements for unemployment benefits. If she gets laid off after 30 years she does qualify for unemployment benefits.
General Requirements for Unemployment Benefits
Be totally or partially unemployed.
Be unemployed through no fault of his/her own.
Be physically able to work.
Be available for work which means to be ready and willing to immediately accept work.
Be actively looking for work.
Meet eligibility requirements each week benefits are claimed.
Be approved for training before training benefits can be paid.