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Unemployment Appeal Won twice by Claimant- Review Commission Granted Employer a Continuance

I have been awarded UI due to separation from an employer because I was offered a position in which I would have been making a substantially lower rate for similar work in my area.

The employer appealed the ruling twice and lost the appeal each time.

The case then was scheduled to go to the review commission.

During the hearing the employer requested a continuance because they stated they would now like to offer me another position. I do not feel comfortable going back to this employer based on not being able to trust them and the fact that they tried to appeal the UI twice.

I believe they are trying to "offer" me a position just so that they can say they offered me suitable work and I rejected the offer.

I'm not sure what I can do at this point.

Any advice would be appreciated. I can not afford legal counsel on this matter.

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Oct 16, 2014
Employment State is Oh
by: Anonymous

The employment state is Ohio and the last decision made by the Department of Jobs and unemployment was that the "quit" was due to just cause. That any other person in a similar circumstance would have done the same thing. The continuance was granted over the phone hearing and the case was postponed due to the previous employer now wanting to make a different offer of "suitable" work.

I thought it might be Ohio. I link to the state's "abstract" on the unemployment law page.

Oct 16, 2014
Also ...
by: Chris

If you find a digest manual, don't forget to check out rulings on rescinding voluntary quits.

It's hard to do and you might find a situation to reverse engineer an argument.

As for the fact the continuance was granted at all. I'd be trying to get in touch with the chief boss over the appeal hearing judges in your state.

Allowing a continuance so that the employer can now make an appropriate offer of "suitable work" is unrelated to the offer that was refused for purposes of this appeal hearing and it also shows what I would call pro-business bias on the part of the person who is mandated to conduct these hearings impartially.

Oct 16, 2014
What state is this in .. and
by: Chris

Was the continuance granted?

Or are they using that to support a now current appeal to a review board that the fact the employer now wants to offer you a job their continuance request should of been allowed?

Excuse me .. but if that was the request and the continuance was granted .. I'd have a hard time believing it flew procedurally.

If it were happening to me .. this is how I'd see my situation .. with the little I know about your situation.

The employer's approach isn't really making sound sense because it's a lot like trying to post document a discharge after a discharge .. and that's a no-no .. when an employee can actually prove a doc was created after the discharge.

How and why the first term of employment ended, should not be affected by a "late" offer of employment made during a hearing when it should be confined to the final incident.

This new offer of work wasn't on the table when you refused "unsuitable work".

I'd of objected at that time on relevancy of the new offer being related to the incident of refusal as having an affect on your decision which is the pivotal subject of the current appeal hearing.

However, this is not to say if you refuse this new offer, an informational letter from the employer couldn't reopen your eligibility after a new refusal that might meet criteria for whatever suitable work is in your state.

I get that you don't trust them, but if I knew which state it were and it was me being affected by this convoluted BS .. I would see if the state had a precedent digest and if there was a decision that might help me out with that issue of personally mistrust as being good cause to refuse the offer.

And .. you never said what the last first level hearing decision said. Could it be this employer is.

But then again .. this actually happened to me and when the offer of work through a temp agency came my way .. I was not so sure I had good cause to refuse .. even though I did not feel very trusting of my employer .. and all because I knew the informational letter would be a bit of vindictiveness that would lead to a hearing .. which would put all the benefits I had received from the moment I refused the offer .. on the line for repayment.

And besides .. I needed more than just weekly benefits to keep us from drowning. Sounds like you might be in that situation .. since all you can afford is free.

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