I was told I was being laid off, but my employer told ohio unemployment that I had quit. How can I appeal the UI determination to disallow UI benefits?

by Rachael
(Elryia, OH - USA)

Hi - I would really appreciate your thoughts on my situation:


I was told by my supervisor that due to a lack of work, my position was no longer needed. I was told that I would be laid off, or that I could take a position as a shipping clerk as this was the only open position with the company. I was told that as this was not a comparable job, I was not required to take this offered position.

As my current employment was mostly accounting and sales support, the shipping clerk position required drastically different skills at 25% less pay. Additionally, the new position required large package handleing, machinery operation, and other duties of which I had no training or experience. As my degree is in accounting, and I had no experience as a shipping clerk - I accepted the layoff from my company. On that day, I was given UI information from the HR department as well as other conversation/information regarding being laid off.

After applying for Ohio UI, my employer stated that I had voluntarily quit employment. The UI determination states:

In accordance with Section 4141.01(R)(2) of the Ohio Revised Code, the Ohio Department of Job and
Family Services has DISALLOWED the claimant's application for unemployment compensation benefits
dated 05/28/2009 due to a disqualifying separation from employment or other reasons described in the
following text:
The claimant quit EMPLOYER on 05/27/2009. The claimant quit rather than take a mandatory transfer to other work. However, the claimant has not established that the new work entailed meaningful changes in work duties or conditions. Ohio's legal standard that determines if a quit is without just cause is whether the claimant acted as an ordinary person would have
under similar circumstances.
After a review of the facts, this agency finds that the claimant quit without just cause under Section
4141.29(D)(2)(a), Ohio Revised Code. Therefore, no benefits will be paid until the claimant obtains
employment subject to an unemployment compensation law, works six weeks, earns wages of $1260,
and is otherwise eligible.
The claimant received deductible earnings and deductible income which equaled or exceeded the weekly
benefit amount. In accordance with Section 4141.30 (C), Ohio Revised Code, the claimant is not entitled
to benefits for the week of the earnings/income.


I would appreciate any insight into if I should appeal - I feel that as I was told that I did not have to take the position as well as the fact that the position did require meaningful changes I should be eligible for UI.


Hi Rachael,

Wasn't that kind of the employer ....

Yes appeal. Include with your appeal any documentation that proves it was a layoff and include also that there was no "mandatory transfer", but an offer from the employer of work that was not suitable to your degree and training and that there was a 25 percent reduction in pay as well for this unsuitable work.

I for one understand fully and completely why an employer needs to be vigilant in fighting unemployment benefits for those that do not deserve them .. but I also believe that when a company uses .. or allows a third party to use what I believe is just a strategy or delay tactic for benefits that it is unconscionable.

Please let us know how it goes .. it's important for the next person .. because you are not the only one this kind of stuff happens to.

Thanks,

Chris

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Jul 09, 2009
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Appeal Letter
by: Rachael

Hi Chris - Thank you for your reply - it is very hard to find advice on this topic. I have writtent the following appeal letter and was wondering if you could critique it. I was unable to find a sample letter anywhere on the net.

Thank you,

Rachael

Determination Identification Number: ###
Claimant: Name
Claimant?s Social Security Number: ###


This letter is to inform the Ohio Department of Job and Family Services that I disagree with the determination of unemployment benefits issued to me on 6/19/09 and wish to file an appeal.

According to Determination #####:

The claimant quit (EMPLOYER) on 05/27/2009. The claimant quit rather than take a mandatory transfer to other work. However, the claimant has not established that the new work entailed meaningful changes in work duties or conditions. Ohio's legal standard that determines if a quit is without just cause is whether the claimant acted as an ordinary person would have under similar circumstances. After a review of the facts, this agency finds that the claimant quit without just cause under Section 4141.29(D)(2)(a), Ohio Revised Code.

I feel this determination was made in error as on 5/27/09, I was laid off from Vectron ? the reason given by my employer was lack of work. I was never given a mandatory transfer notice from Vectron. After being told that there was not enough work to keep my position, I was offered a position at Vectron as a shipping clerk. This offer was not a suitable work option as defined in Section 4141.29(E)(4) and Section 4141.29(F), Ohio Revised Code.

For these reasons, I am filing an appeal to the 6/19/09 determination and requesting that a hearing be scheduled.

Thank you,

Rachael Simmons


Hi Rachel,

Really and truly ... Perfection:)

Let me know how the hearing goes!!

Chris

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