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Another Unemployement question - Continued from the gab board

Posted: Apr 19, 2012

Over on the gab board I had a question about unemployment and not taking a job offered to you and now I have a new question LOL But for background, our transcription department got taken over by a fascist regime (for real!!) who gave us one week to decide whether to take the job with them or not. We were given NO notice that were getting taken over and only 23 days from the notice to our last day.

The job was offered as VR editor/transcriptionist and our hospital's HR rep pretty much came right out and said if we don't accept the hospital will deny unemployment benefits.

To hit the highlights of the "generosity" of the hospital in "findings us new jobs" (which is, in reality, "forcing us to take jobs we don't want with a company who will fire us in five weeks after we build the database for their VR engine for their Indians"):

Our medical insurance went up approximately double for a single person and approximately triple for a family.

ALL of our part time employees must now work a schedule of Friday/Saturday/Sunday/Monday only with NO benefits at all (NO PTO, NO insurance, NO anything).

ALL employees (and...we have no one here less than 10 years, by the way, and the majority of the girls have been here over 25!) will work either Tuesday through Saturday or Sunday through Thursday, which I suppose is common for a service, though not for people who have worked in a hospital for 30 years or more.

Anyone doing certain work types, even our at home girls, must now drive into the hospital (you know, the one we don't work at anymore???) whether they like it or not and work there. Even if they've never done this work type EVER. Even if they've never so much as seen this system before. EVER.

And my personal favorite, if we're let go for any reason or we quit for any reason, we're not allowed to work as a transcription for any competitor for a year. It's in the contract we have to sign to work for them.

I did not take this job and instead took a part time job for $6.00/hour less than what I'm making. I'm going to file for UE and the hospital will deny and I will appeal. So may question is...HELP!! What grounds can I use for my appeal?

displaced/misplaced worker maybe? Possibly - able to collect partial. Not sure.

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since you are working, but making less.

Go to the unemployment office and talk to them - sm

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I have had similar but different experience. I took documentation down to the office and talked to a rep. I found the "government worker" very helpful when I told him about the goings on. I qualified and I think he had a gleam in his eye when he was helping me. I think he was disgusted by the situation, too. It may be different elsewhere, though.

you have no ground - you are being offered a job

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Contrary to what many want you to believe, if you are offered a job, you better have a really REALLY good reason for not accepting it and for CHOOSING to be on the public dole.

Go ahead and apply. You never know until you try. - I have heard of people getting partial benefits.

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I recommend at least trying.

I think I do - have a really good reason

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I have a soul and morals lol

I've never even seen the system for one of the work types they want me to do, in addition, I did take a parttime job, for far less money than the one they took away from me and I'm working on finding another full time job.

I only want partial benefits while I search for a job to replace my years and years of service to the company that sold us out.

I'm just wondering if anyone has any suggestions for when they deny me and I file an appeal.

You have all the appeal in that ridiculous contract they want you to sign - sm

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Just make sure you get a copy!!!

A non-compete clause? Seriously? - Happy MT Robin

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I can't believe they are saying that you cannot work for another service for a year. That right there is your grounds to get everything tossed. It's called something like denial of reasonable expectation of making a living. A non compete clause is usually found much more often in industries with sales people; however, when they put in unrealistic clauses such as this that effectively bar you from earning any living (which they would be doing for all intents and purposes for people who have done this for 25 or more years and know nothing else) they essentially cut their own throats and make the whole contract void.

NEVER take the word of any one who is on the side who will benefit if you don't apply. Call your unemployment office and describe your situation. If you don't get full benefits, you may be entitled to partial benefits. That is the only word I would trust.

a soul and morals - sm

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Sure, it stinks that they did this to you, but if you turn down full-time work you are not eligible for unemployment benefits. Your soul and morals have nothing to do with it. As for noncompete clauses, these never hold up under normal working situations. Employers cannot prohibit your ability to become employed.

if job description is drastically different, she can collect - turning down full time or not

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You are forgetting that they changed her job description and hours... She is entitled to unemployment and if she took a part time job after leaving the full time one, she will collect partial unemployment off her prior job to cover the difference. I did it, and she will too.

Take it to a lawyer if denied unemployment - lka

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Feel free to email if you like by reply by email, but that is outrageous what they are doing, especially that they want you to sign a non-compete clause and they lower your wages, etc. It sounds like blackmail. Believe me, I know what I am talking about and you have rights. Take it to a lawyer who specializes in labor laws...

Similar Messages:

Apr 15, 2015

Took copies of all documentation in to local state employment office and it is fair grounds for quitting since my overall pay has been reduced again. Doing a happy dance and getting ready to have time for a full time job search andtesting. :D ...