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Do I have a case for turning down non-commissioned offered position in office base, when my previous position was home based, salary and commissioned?

by Clayton
(Logan, OH)

Same employer eliminated position that was salary, home based, commissioned, and sales related in which I had been brought over from a company the employer purchased. I worked in the position for 10 years.


New position offered was given 24hr to accept, with no guaranteed hour commitment. New position was to be hourly and office based 50 miles from home. Call center related position. Duties and schedule were not given despite being asked about. Training would be required but provided. I have seizure disorder that I take regular prescription for that prevents me from working nights or long shifts 10-12hr).

I spoke with director of new position offered as well as former boss and VP in another department at the company both said position was a step down and I was not qualified for. They both said company would not challenge unemployment.




Seems to me you have answered your own question.

Job is not the same as what you did for 10 years. Prior experience, training and any education is relevant to what's suitable for you to apply for.

Appears job is a substantial change considering now fifty miles from home(?

Pay is relevant, but am not clear about the percentage in terms of a reduction in pay.

ADA illness and medication is relevant to hours and any shifts which you didn't get an answer to.

If they had just laid you off, instead of offering you an unsuitable position you wouldn't be in this position due to a lack of work claim which an employer just responds with a yea, or nay response. (offering suitable and unsuitable work to continue the employment is a technique justifying a different response to claim, which isn't the same as actually protesting a claim. ("claimant voluntarily quit WITHOUT GOOD CAUSE when they refused an offer of suitable continuing work).

Your job when applying is to mention the facts that make the work unsuitable to help sway the OH claims interviewer to find you refused the job for good cause reasons mentioned above .. and in the criteria in OHIO unemployment law interpretations.

Don't focus on the non-commission aspect, but the overall unsuitability of the work you have right now that is not in question.

Distance
Hours and shift work to connect to a disability restriction
No past experience or training for the work, possibly beneath your educational abilities.

See if you can nail them down on the hours, shifts, and days to support the restrictions of medication taken for a disability.

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