Search This Site.

New management did not offer new job but said i was hired to sign non compete

My employer went on a three year leave for two reasons, industry not expected to pick up and she wanted a leave. Given two week notice of change in management.


Two weeks were transition period. Second week I was sent to work from home. I was told by new company there were several positions I was qualified for. But my customary job was not available. No actual job with duties or pay was presented.

On last day of work received email from new employer's hr company saying I was hired and to complete an online orientation. Orientation included harsh non compete, no job duties, or title and no salary.

I did not complete orientation. Filed UI and claims examiner determined I failed to accept suitable work of my previous position.

Went to appeal and was determined denied because I failed to apply with new company for a different job. Both decisions presume orientation included job information.

I provided contact to verify what was included as HR company would not provide to me but told me they would cooperate with UI.

UI did not contact HR company to clarify info included in orientation.

CE (assuming you mean commission examiner) did not allow evidence that employer discussed in detail, a new position that he created.

Both decisions determined by statements only in which company rep flat out lied regarding a future job in new company.

Employer told CE I would be doing same job at same pay. CE had copy of my previous employment agreement, yet never asked to confirm what my old job duties included, title or pay.

Keep in mind already under non compete contract with employer given no written notice to breach the non compete for the management team or any other competitor in the industry.

Comments for New management did not offer new job but said i was hired to sign non compete

Average Rating starstarstarstarstar

Click here to add your own comments

Jul 26, 2014
Rating
starstarstarstarstar
Name of the state hearing took place in please
by: Chris

What issues were included on your hearing notice?

What state did this hearing take place in?

Why did you assume the unemployment would contact the employer to clarify the offer, or online orientation when you have the right to subpoena any documents necessary to support your position?

Non-competes can be a substantial change to the terms and condition of employment and have been a sucessful basis for voluntary quits and refusals of what on the surface may be suitable work.

However, the viewpoint on non-competes is also something states take a different view of, meaning some view them from and in favor of the employer, while others take the view and search for why they might be overly prohibitive .. if you do end up unemployed.

What documents did you submit for the hearing?

And when you say "employer rep" do you mean an HR person for the company? Or do you mean a third party UI CCC ER rep? If the latter, did you object on the grounds of hearsay to what was offered to you by someone not in attendance at the hearing?

Coaching would of probably helped you, but now, any appeal is based on those errors you believe the hearing officer made and whether the rules of procedure would support an appeal to the board .. as long as your state isn't one of the few states without a 2nd level administrative appeal process.

2014 ETA Appeals Chartbook

Jul 26, 2014
Rating
starstarstarstarstar
additional info sw non compete
by: Anonymous

Issues with ui was suitable work. Claim is in Hawaii. I do have an opportunity to reopen the claim if the appeal officer allows it. The orientation was on line and I was unable to print it. I contacted the HR company and they will not release information to me but said they would if UI rep requests it. I am trying not to go to circuit court but if it does will issue a subpoena.


You needed to get that doc and placed into the record of the first first hearing. It is is not the UI depts, or hearing officer's job to tell you how you should present your case for benefits, or get documents needed for your case, but not submitted into the record by you.

Ya, I hope the hearing officer allows you to reopen that case, so you can make sure it finally is available.


Click here to add your own comments

Return to Suitable Work.

} }