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  1. #1
    rxnivy is offline Junior Member
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    Question Up coming unemployment appeal

    What is the name of your state? Oregon
    Unemployment appeal coming up. Wrongful demotion with unsuitable/unliveable job offer, forcing me to quit. The company did not contest my unemployment benefits, the unemployment office did. My question is will my ex-employer be called to testify? Or will i just be pleading my case to the unemployment appeals judge?
  2. #2
    Beth3 is offline Senior Member
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    Your ex-employer will receive notification of the hearing. They won't be "called" to testify. If they do not show up, the administrative law judge will take your testimony and will make a decision on your eligibility based on the information you provide and the relevant UC laws.

    It appears to be a fairly straightforward issue which is whether the paycut and demotion were significantly different than your prior level of compensation and position to constitute "good cause" to resign. Generally speaking, there will have to be quite a significant difference. UC reg's frown upon someone resigning when work is available.

    FYI - the ALJ will NOT rule on whether you were "wrongfully" demoted or whether the employer in any way acted illegal. That is not the UC Division's pervue. If benefits are granted, that does not imply that the employer did anything wrong or illegal.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  3. #3
    rxnivy is offline Junior Member
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    Question Up coming appeal

    Before the demotion I was salary ($1200.00) every two weeks 80 hours a pay period and benefits. The position offered is $8.00 an hour. Hours scheduled between 0-25 a week. Benefits require at least 30 hours a week to maintain. I asked for a transfer to another location where more hours would be availble. I was told I could not transfer. Upon declining the job offer I was told I was eligable for rehire at another location. The company would rehirer for another location but not transfer me. Any thoughts?
  4. #4
    Beth3 is offline Senior Member
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    That it's looking more favorable than not for you but only a UC adjudicator in your State can truly advise you. The answer to your question is very, very UC reg "fine point" specific. Good luck.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  5. #5
    SuzieWahoozie is offline Member
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    What do you mean when you say they offered to rehire you at another location, but not transfer you? How can you work at another location if you aren't transferred there? Do you mean they wouldn't pay for relocation? They aren't obligated to do that.

    Since you were offered another position, that will have some bearing on the UC decision dependent upon the distance change, the salary change, the benefits change, etc. As you stand now, the $$ and benefits are probably significant enough for you to be awarded benefits, but much will depend on the position you were offered, but refused.

    If you want to give us more information about that position, we might be able to offer more assistance.
  6. #6
    rxnivy is offline Junior Member
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    Up coming appeal

    I was a Sales Coordintor booking private event spaces. The job offered was as a catering server. The company has over 50 locations in Oregon and Washington. Most location are in and around the Portland Metro area. There are more than 30 locations not more than 25 miles from my home. To transfer locations would have cost them nothing. After 15 years with this employer the whole things a little bewildering.
    Last edited by rxnivy; 01-12-2005 at 09:28 PM. Reason: Suziewahoozie and/or Beth3 at your convenience
  7. #7
    SuzieWahoozie is offline Member
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    I see..so even the transfer would have involved the cut in pay and benefits? If so, then I agree with Beth. Your case is looking strong.
  8. #8
    rxnivy is offline Junior Member
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    Up coming appeal

    Thank you for your time

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