I received a job offer in writing on March 31st with a "tentative" start date of May 1st. They put a tiny clause in there that the start date was subject to review due to coronavirus complications. I resigned from my previous employer in Feb for this job and relocated to a different state. I was just informed by them that they now have to push the date back again for the unseeable future or discuss bringing me in on a reduced salary if I want to start now. The entire process has been rather bizarre with them and I now have bad feelings about joining the company. Needless to say, I am very anxious and frustrated about this. Can I file for unemployment from my previous state if they do not hire me with the salary stated in the signed offer letter? I am not interested in joining this company any longer unless its with the salary that we signed the offer letter for. Thanks a lot!
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4Location? Laws differ.– Matthew GaiserApr 26, 2020 at 16:45
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5Possible duplicate: workplace.stackexchange.com/questions/155431/… The answer from Erick Leong is basically "Yes, CARE act covers pushed back starting dates"– Stephan BranczykApr 26, 2020 at 16:59
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The question linked also should be closed for not having a location.– mxyzplkApr 27, 2020 at 4:34
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@StephanBranczyk: I suspect the CARE act may not apply here as the movable start date was stipulated in the contract itself. As I read it, the CARE act applies to contracts that stipulated a fixed start date but due to unforeseen circumstances (i.e. the corona crisis) companies are now unable to comply with that agreement made prior to the corona crisis. If that doesn't exclude the CARE act, then the CARE act is easily exploitable: sign a contract during the crisis => have it pushed back (not a surprise, since it's during the crisis, not before) => receive unemployment.– FlaterApr 27, 2020 at 10:03
2 Answers
Yes, you should file.
CARES act covers pushed start dates.
CARES Section 2102 (a)(3)(A)(ii)(I)(gg) adds a covered group under the Pandemic Unemployment Assistance to cover "the individual was scheduled to commence employment and does not have a job or is unable to reach the job as a direct result of the COVID-19 public health emergency."
You may not be eligible through normal means for Unemployment but the CARES act would apply. Good luck!
I copied this answer from Erick Leong on another question.
Normally, I don't like to copy answers, but since the other question doesn't even mention in what country it's located in and since it's been downvoted so much and is about to get closed. I think this answer belongs on this question instead.
@StephanBranczyk: I suspect the CARE act may not apply here as the movable start date was stipulated in the contract itself. As I read it, the CARE act applies to contracts that stipulated a fixed start date but due to unforeseen circumstances (i.e. the corona crisis) companies are now unable to comply with that agreement made prior to the corona crisis. If that doesn't exclude the CARE act, then the CARE act is easily exploitable: sign a contract during the crisis => have it pushed back (not a surprise, since it's during the crisis, not before) => receive unemployment. – Flater
I actually disagree with Flater.
I think the OP should just file and let the state make that determination for him. If I were him, I would file with the previous state (or it may delay things). The OP really has nothing to lose. The worse they can say is 'no'.
And even if he accepts the new job offer at a reduced rate (or with reduced hours), he may still be able to qualify for something. What is that new rate by the way? Is it significantly below? Can the new contract stipulate that the new rate will get back to normal once the shelter-at-home order is lifted? Can you agree to work every other week at your normal rate instead of every week?
In my state at least, you can file for unemployment even when you're underemployed. You just need to tell them how much you're making each week when you certify. And if that amount is over a certain amount, some of it gets deducted from your weekly payment or your weekly payment gets zeroed out.
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Just a small disambiguation: I didn't suggest to not try and apply for unemployment, I merely mused about there being a reasonable possibility that the protective measure pointed out may not apply here. In my native language, there's a saying along the lines of "You always have a no, but you can try and get a yes" and that applies here :)– FlaterApr 29, 2020 at 8:10
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@Flater, I'm glad to hear this, but you may want to edit and refine your own answer because in its last two paragraphs it says: "Can I file for unemployment from my previous state...? [...] I suspect the answer to be no." and while I also completely agree that there is a risk of refusal, I also agree that he should give it a try anyway. Apr 29, 2020 at 16:10
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You're cherrypicking my answer's content and ignoring the first part of that paragraph where I specifically point out that without a location, the question can't be meaningfully answered.– FlaterApr 29, 2020 at 16:13
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Your question title is highly misleading.
my new employer tries to change my already signed offer letter
They put a tiny clause in there that the start date was subject to review due to coronavirus complications.
The title suggests that the contract is being altered after signing, but you then go on to confirm that the clause was already in the contract you signed. That directly defeats the claim you made in the question title.
The entire process has been rather bizarre with them and I now have bad feelings about joining the company. Needless to say, I am very anxious and frustrated about this.
I understand and sympathize with you, this does negatively affect you and it's beyond your control.
However, that sympathy stops when you start falsely claiming that the company is illegally altering the contract (i.e. after it was signed) when the contract in fact stipulated the possibility of changing your start date at the time of signing.
I am not interested in joining this company any longer unless its with the salary that we signed the offer letter for.
Based on your own explanation, you can still start at the company for the salary that you signed for - just not on the start date you were expecting. The possibility of moving the start date was stipulated in the contract you signed and you should have accounted for this (or refused to sign the contract if you didn't agree with it).
Backing out of a signed valid contract means you're going to have to comply with the backout procedure. Depending on the contract (and/or local legislature), this could entail e.g. working a notice period or having to recompensate the company you're breaking the contract with.
Read your contract and look up your local legislature on the subject.
Can I file for unemployment from my previous state if they do not hire me with the salary stated in the signed offer letter?
You didn't specify a location so this currently can't be answered. However, based on the provided information, as you are voluntarily backing out of a legally binding contract, I suspect the answer to be no.
