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Would I be eligible to continue my unemployment benefits?

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Duke82

Member
Would I be able to continue my unemployment benefits? I am a mechanic at a car dealership and I was furloughed along with about 10 other mechanics at the end of March. In a letter from the company I was told we would be recalled based first on job function and then seniority. We all had essentially the same job function and I had the most seniority. I was called back last of all the mechanics and was told I would be working a night shift when I was working first shift before the furlough. I returned to work for one day and then told my boss I would prefer to be back on first shift. He told me that the night shift was the only shift available. All of the other mechanics called back were returned to their previous shift. I told my boss that I quit but haven't given a written resignation. I feel that I was forced to resign.
 
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cbg

I'm a Northern Girl
When you asked the unemployment office this question, what did they say?
 

Chyvan

Member
You had a great shot at keeping your UI had you told the employer to pound sand and going through a refusal of work adjudication because 3rd shift in all probability is "substantially less favorable to the individual than what is available in the locality." When you worked that one day, that was you was agreeing to work 3rd shift, and your chances are very weak now. There are some states that let you quit a job under suitability rules when a short time on the job, but most states make you have to use the hasher quit rules, and quitting a job just because it's on third shift when you knew the deal going in is usually too bad for you.
 

Duke82

Member
You had a great shot at keeping your UI had you told the employer to pound sand and going through a refusal of work adjudication because 3rd shift in all probability is "substantially less favorable to the individual than what is available in the locality." When you worked that one day, that was you was agreeing to work 3rd shift, and your chances are very weak now. There are some states that let you quit a job under suitability rules when a short time on the job, but most states make you have to use the hasher quit rules, and quitting a job just because it's on third shift when you knew the deal going in is usually too bad for you.
Ok, thanks for the reply. Do you know the rules for Ohio?
 

cbg

I'm a Northern Girl
This is how I look at it.

If you attempt to re-open your claim, you may be approved and you may not.

If you do not attempt to re-open your claim, you definitely will not.

There is no penalty for being wrong and it does not cost anything but a little time.

You are not responsible for knowing all the laws and regulations; that's what the staff of the UI office is You do not have to carve an answer in stone before you can apply.

Sounds like a no-brainer to me.
 

commentator

Senior Member
Agreed. Chances are not great, but you have nothing to lose by reopening your claim and getting this issue readjudicated. If you want someone to tell you that yes, you can, or no you cannot, you will have to let the unemployment system look at your unique situation and then work from there. Ordinarily shifts are not a protected part of the job in a recall situation. But in the current climate and situation in the U.S. all bets as to what used to be the way it was adjudicated are pretty much wide open.
 

PayrollHRGuy

Senior Member
You will be considered to have quit your job. When that happens the burden will be on you to prove that you did so with "just cause".

In Ohio you will need to prove it was because of one of the reasons below.





  • Your employer failed to meet terms of the employment agreement.

  • Your employer failed to provide proper safety measures required by law.

  • Your work violated accepted moral or legal standards.
 

Duke82

Member
You will be considered to have quit your job. When that happens the burden will be on you to prove that you did so with "just cause".

In Ohio you will need to prove it was because of one of the reasons below.





  • Your employer failed to meet terms of the employment agreement.

  • Your employer failed to provide proper safety measures required by law.

  • Your work violated accepted moral or legal standards.
Thanks for the reply. All of the technicians furloughed received a signed letter from HR that said they would be called back based on seniority. Would them not calling us back based on seniority be them "failing to meet the terms of the employment agreement"?
 

PayrollHRGuy

Senior Member
Thanks for the reply. All of the technicians furloughed received a signed letter from HR that said they would be called back based on seniority. Would them not calling us back based on seniority be them "failing to meet the terms of the employment agreement"?
It very well might.
 

tlssdenverco

New member
Everyone should be entitled for benefits especially at this time of crisis it may not be full at least they should compensate.
 

PayrollHRGuy

Senior Member
Everyone should be entitled for benefits especially at this time of crisis it may not be full at least they should compensate.
No everyone isn't entitled to unemployment benefits. One group that isn't are those that refuse to return to work. In fact, under the provisions of the PPP Act employers are required to report employees that have been laid off and then refuse the recall to the state UI agency.
 

Chyvan

Member
under the provisions of the PPP Act employers are required to report employees that have been laid off and then refuse the recall
That doesn't mean the claimant is going to be denied, and you need to get your terminology right. Most of these people are not being "recalled." That ship has sailed. They are getting "new" offers of work, and have all the protections to "suitability" and "prevailing." Unfortunately, not all claimants are going to know their rights and will probably say things wrong, but they don't have to necessarily take the crap offers that these PPP employers are offering, let alone keep the employer informed of their new phone numbers and addresses to thwart even having to deal with a refusal adjudication.
 

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