Unusual circumstances

My wife was offered a new job, 36 hours before she was suppose to start her job, the company rescinded their offer, stating, b/c she didn't check ONE box on the application, she falsified her application, in the meantime she had given her notice and quit her other job, is she entitled to unemployment? Her job was filled already, and she cannot return.





Since my request that the name of the state is a fairly recent "non-negotiable" condition of answering any question .. I'm answering you .. sort of.

Now onto your "unusual circumstances" .. even if your state happens to have a provision which would allow good cause to quit to accept a better paying job .. which subsequently doesn't work out for some reason .. the reason the offer was rescinded will play into whether your wife will get benefits paid for by the last employer .. or more likely non-charged and paid for by a state's general fund.

So, if you are willing to tell me what state and what "box" she didn't check that is now equating to a "falsification of an employment application" .. I'd be happy to try to answer your question.

Comments for Unusual circumstances

Average Rating starstarstarstarstar

Click here to add your own comments

Dec 20, 2010
Rating
starstarstarstarstar
Georgia unemployment when you quit for another job.
by: Anonymous

It asked her if she had ever been terminated from a job, she thought it was asking... has she been terminated from her last job... she just misread it, and it was located right under her "current job". State of Georgia




I think it will be tough. to convince the State of Georgia that she could make this mistake .. but I can't see the actual application .. and you would need the application for the unemployment hearing I would expect her to have.

But even if she can argue this "inadvertent mistake" made on the application was beyond her control .. Georgia does not have a specific provision about quitting to accept new work.

The USDOL (Table 5-2) says that in Georgia it is a matter of interpretation of the law. So, I assume there must be a precedent decision somewhere, but Georgia does not offer a precedent digest as some state do .. nor house all precedent decisions online as California does which explain in detail under what circumstances this becomes possible.

You can do some research at law libraries or possibly call the appeals section and ask where you can access this information .. because they all have a precedent manual for claims adjudicators and hearing officers.

You might also try the 24 hour free trial at fastcase.com ..

I'm trying to be positive because there are states that explain precisely when quitting for another job can be qualifying should the job not work out .. but as far as your wife's situation goes .. I'm not hopeful because I'll just bet the new employer had some sort of disclaimer .. which your wife put signature to that said all offers were contingent upon a background check.

And I have read the small print on many applications used as evidence that says any misrepresentations on an application will be grounds for termination.













Click here to add your own comments

Return to Unemployment Benefits Questions.

} }