do i have to accept the job if my company is sold to new owners and i was give a letter of termination from the original company that hired me

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do i have to accept the job if my company is sold to new owners and i was give a letter of termination from the original company that hired me

by dave
(philadelphia)

The hotel I work for was recently sold to another owner. The original management company that hired me gave all employees a letter of termination. The new owners have agreed to hire everyone if they want to continue in their same position on a 90 day trail period. If I don't want to continue working for this new ownership company, would I be able to apply for unemployment.

Hi Dave,
You can apply .. but I doubt you'd get it .. because you would have refused suitable work.

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do i have to accept the job if my company is sold to new owners and i was give a letter of termination from the original company that hired me

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Apr 18, 2011

Incomplete unemployment information from anonymous
by: Anonymous

yes you would because you were terminated from your original company and it wasnt your fault.

You know what anonymous .. I think it's great you want to help someone out, but would you mind giving a complete answer .. and possibly try to qualify it with a little more detailed reasoning?

Yes you would .. what Anonymous?

Get unemployment? Or be able to refuse suitable?

I think your advice is way off base ..

Chris

Aug 24, 2011

not the same anonymous
by: Anonymous2

well this is the thing, 1) you were fired from the old company so if you appy for unemployment your not going to have a hearing agianst the new owners because they are not the ones the unemployment is going to be paid by. They will asked for the old owners if a hearing is set. Now as for refusing suitable work, im sure the new owners were not going to give you; same hours, same days of work, same rate of pay, and same benefits as your last employeer i.e. old owners, so its not suitable work. Example say you worked sat and sun 8 to midnight every week and now the new owners want you to work night audit mon to fri, if you can not work this because of children, school, or voluntary work,then it is not considered "suitable work"

Whatever .. Do you know what an informational letter is? Have you ever seen a report unemployment fraud button on a state unemployment website? Do you know if the sale had some sort of predecessor/successor clause?

The real point is whether the work is suitable as defined by any given state's relevant precedent regarding what is suitable work. Not to mention, whether the offer was made before the first job was terminated or whether the old owner and the new owner might be transferring a SUTA and even working together to minimize liabilities of UI via the transition that has to occur.

These types of claims often wind up having two appeal hearings.. The original employer is a valid lack of work claim and then a refusal of suitable work .. which can stop even the benefits from a valid lack of work claim .. because the the continuing eligibility requirements to collect ongoing benefits.

Too many assumptions that all will go well, for me anyway.

Chris

Apr 29, 2012

Anyway, to answer your question.....Correctly.
by: Jason

Though unemployment qualifications vary from state to state, anytime you are terminated from your job through no fault of your own you are entitled to receive benefits. Refusing suitable work can disqualify you, yes, however that is not the decision to be made by your unemployment office until you are drawing benefits, these circumstances completely depend on your old owners approach. If you refuse the new owners employment the old owner may fight to null any benefits through a series of hearings, but even then the old owner wouldn't waste his time doing so because he no longer owns a business, he is no longer liable for the employee. In a nutshell, you should have no issue receiving your unemployment.
-Jason

The old owner wouldn't waste his time doing so because he no longer owns a business

Bull.

Chris

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