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Qualify for unemployment if taken over and decline offer? - pacificqueen

Posted: Aug 20, 2010

If a regular employer decides to outsource you to an MTSO and you are offered a position but declined to go, does that make you ineligible for unemployment becuase you were offered something? i.e., not a straight layoff? I don't think they will "guarantee" our old pay of course...since it is production....Or is that all up to the company that is letting you go (what they say when unemployment contacts them?)

NO, you will not qualify - Me

[ In Reply To ..]
Well I hate to be the bearer of bad news, but when the previous hospital corp. I worked for went to Spheris and laid us off, we were all offered employment with that slave outfit. Most people declined it, saying that would sweep floors at McDonald's first. Anyway, we did that knowing that unemployment laws state that if you turn down an offer, you lose out on benefits. I am truly sorry, but that's the way it works, and they KNOW this. It is win-win for the company, with hardly any unemployment claims from their former employees.

Unemployment - anon

[ In Reply To ..]
You have to check with the state which will be paying your unemployment. I was in the same situation, did not want to go with company that came in. As long as you have a letter stating your position was eliminated, you can get it, but you must have the separation paper stating you were let go because of "lack of work", in my case, company did not get contract renewed.

It depends on the state you live in - RLee

[ In Reply To ..]
Back in 2005 I was employed at a local neurology office, in which I had worked for 17 plus years. The new office manager decided to outsource to an MTSO in my state, which happens to be Maine, and the company was NEMT. He said we were being terminated at the end of the month but a recruiter from NEMT would be contacting us and would be testing us and they were very interested in taking us on board, as we already knew the dictators. My coworker and I declined the offer and testing. We both contacted the unemployment office, as our positions were being eliminated and being outsourced. We both were granted unemmployment benefits on the basis of our positions were eliminated at the in-house job. The neurology office did not fight the unemployment. All your unemployment office needs to know is that your position was eliminated due to outsourcing - do not offer any other info unless specifically asked. Fortunately at that time I was only on unemployment for 3 weeks before getting another in-house position. Unfortunately today I am on unemployment due to the results of working for a large MTSO - Transcend. When the unemployment office contacts your employer they have to state your position were eliminated due to outsourcing. Who is to say that if you did take the offer to go with the MTSO and you were tested you would pass their test?? I am not saying you would not pass, but the way these companies test today you never know. Good luck in whatever the outcome is.

I agree with RLee. Tell them your position is being outsourced... - ndmt

[ In Reply To ..]
and leave it at that. Your former employer is the only one who can decline your UE benefits, and I don't know they could prove whether or not you were really offered a job with the new company. UE in our state also states that the job has to be similar to the one you are losing, i.e., same pay, benefits, hours, etc. The possibility exists that the new company would want you to work second shift or provide your own computer, which would be a completely different setup from the job your are losing.

If you want to collect UE versus taking the other job, leave the burden of proof to everyone else and say as little as possible.

The current employer would probably fight UE, because it counts against - their taxes, and they know you have a job offer.

[ In Reply To ..]
It depends on how much the outgoing employer wants to fight it. Technically, if you have a firm job offer, you shouldn't be eligible.

If the firm offer is for 3 cpl versus $17/hour, you don't... - ndmt

[ In Reply To ..]
have to accept the offer. UE is for replacing the job you had, not for the job they want to stick you with. The old employer can fight it, but they cannot force you to take a lesser job or dictate that you have to work for such-and-such place. UE insurance is to pay benefits when your job is eliminated through no fault of your own. Your only requirement is to actively be seeking a job to replace the job you lost. I think everyone would agree that working for an MTSO on production versus an hourly job in a hospital is not the same thing.

You still do not have to accept the job - RLee

[ In Reply To ..]
The job offer has to be the same capacity to the job you are leaving - you do not have to accept that job if anything differs, i.e. pay, schedule,requirements, etc. My coworker and I actually quit on the spot when we were told that our jobs were being outsourced and we were being terminated at the end of the month. We both decided that we were not going to be used and hung up to dry while the neurology office got everything set in place with the outsource company. Why should we be loyal employees (as I had been for 17 plus years) for another 3 weeks when we were being kicked to the curb. All we told the unemployment office was our job was being outsourced and even after quitting on the spot the neurology office never fought it and there was never any type of an appeal. And, yes we both told the unemployment office we quit on the spot due to our jobs being outsourced in 3 weeks!

Sometimes you can (sm) - Long time MT

[ In Reply To ..]
In Washington state, if the new company is offering 20% or more less than you are used to making, you qualify for unemployment.

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