Company purchased, have to re-apply, can I refuse the offer of work?
I have worked for this company for 10 years. We were just notified on Monday, 10/15 that the company was purchased. The new company met with us and told us we have to fill out an application and if all goes thru they will make an offer letter. We have until tomorrow, 10/18 to submit our application. They will be running a criminal report and drug test. If for any reason they find something, they will not make an offer letter.
Can I not submit an application and quit? Can I claim unemployment until I find another job, since they didn't give us enough notice.
If my application does not pass and they don't give me an offer letter, can I claim unemployment?
Whoa .. quitting puts the burden of good cause on you. You don't have any good cause .. not even if you're fearing the drug test or the criminal background check will prevent you from formally being hired.
What they are doing is common practice when one company purchases another.
I would fill out the application .. wait for the offer of work .. or the other possibility, which means you wouldn't be the one ending the employment.
So, I'll try to break this down as to why it's the only option I see. Since I don't know any details about why you're worried you wouldn't be offered a job .. it's all about avoiding the burden of proof.
Currently, due to the sale of your company, the separation from the old company is technically, a lack of work claim.
However, if you were to refuse to fill out that application it would be a voluntary quit as far as the new employer views it. (And there could ber tax issues at play here).
I see the protests in this order.
First separation is a lack of work claim due to the purchase, which is good for you.
But it is the most recent or last employer, regardless of wages in the base period that would control the claim determination.
This is the protest I foresee if you quit by refusing to fill out the application.
"The claimant voluntarily quit when they refused an offer of suitable work. Continuing work was available".
Granted .. the offer to fill out the application isn't exactly a bona fide offer of work yet..
But, I think it's crazy to feed an employer valid reasons and protests on a platter before you ever apply for unemployment.
That's how your own ignorance about UI is used against you.
Apply, wait for the offer of work Joe. There's millions that can't find work right now .. so why would you quit.
However, when the offer is made, be smart and make sure it is a suitable offer of work per your state rules about suitable work ..
Or, if no offer is made and the new employer chooses to end the employment .. then it's about whether they can prove misconduct .. which usually requires the employee to of violated a known rule of the employer.
And Joe, it was you that told me what you're worried the misconduct might be ..