Unemployment Appeal

[sdevich]

What is the name of your state? Ohio

I worked for a marketing company as the only web developer / programmer and IT specialist on staff. In May we began doing web and programming work for a company(CompA) who also did web work and programming. I learned they recently lost their web developer / programmer and was outsourcing their work to us. In June I found out that my company planned on selling off the web division of the company, which included hosting and all web work, to CompA, basically eliminating my job as of July 1st. I also found out that part of the agreement was that CompA had offered me a position with their company after July 1st. I went in to discuss this with my boss with the intention of quitting and exploring another job option. After I spoke with her, I decided I would stay on till July 1st and finish up any outstanding work. I then chose to explore another option.

My initial claim was granted and then an appeal by my ex-employer was successful and my claim was reversed. The reasoning being that the state determined I quit my job because of a change in job duties, terms or conditions.

My question is:
Do you know why they would determine that?
I am going to an appeals hearing, do I have the right to subpoena witnesses or do they have to show up on their own accord?
I have e-mails and written statements, do these have any legal standing?

I apologize for the lengthy post and appreciate any input on this.

 

[Beth3]

"After I spoke with her, I decided I would stay on till July 1st and finish up any outstanding work. I then chose to explore another option." I'm confused. Did you in fact quit or were you laid off as of July 1st (or some other date)? It's not clear under what circumstances your employment ended. Did company A ever actually make you a job offer?

Also, what stage is your UC claim in? You say your employer appealed and the initial decision was reversed. Does that mean you went to a hearing already?

 

[sdevich]

Thanks for replying so quickly.

I didn't quit, I made mention of the fact that I was thinking about leaving due to the fact that my position with the company was being sold off. After discussing it, I decided to wait until July 1st because I was still unsure whether I wanted to work for the other company or explore my other options, either way my position would be eliminated as of July 1st.

Yes, they made me a job offer. It was in a different location and the salary was too low.

My UC claim has been reversed and I have 21 days to appeal the decision and file for a hearing. No, I have not had a hearing as of yet.

Let me know if you need anything else, thanks again.

 

[Beth3]

So on July 1st you were laid off/terminated? I don't mean to be dense but you are being vague (alibeit unintentionally) about exactly how your job ended and that's critical information here.

As far as I can make out, your former employer is challenging your eligibilty because you turned down the other offer of employment. Whether you can collect UC in those circumstances depends on the exact particulars of the job offer and the exact particulars of your State's relevant UC reg's. Because this is such a specific issue, I seriously doubt anyone here can advise you on that.

In response to your initial questions:

"Do you know why they would determine that?" Yes, because you turned down an offer of employment from the new company.

"I am going to an appeals hearing, do I have the right to subpoena witnesses or do they have to show up on their own accord?" Yes, you have the right to subpoena witnesses. If I've understood the contested eligibilty issue correctly, then I don't know what witnesses are going to do for you at the hearing unless the particulars of the job offer are in dispute.

"I have e-mails and written statements, do these have any legal standing?" No, not unless the people who wrote them are present at the hearing to testify to their veracity. Otherwise, they're just hearsay. It's also unclear to me how these are relevant.

It sure appears to me that the only legal issue is whether you are eligible for UC benefits having declined the offer of employment. Yes, you certainly may and should file for a hearing. As to whether you'll prevail, without expert knowledge of your State's UC reg's and the specifics of the job offer that was made to you, that's impossible to say.