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Hello, I need some help preparing for an upcoming hearing
After I was able to return to work from a Workers Comp claim my employer told me my position was terminated and that the only available position that they had was in Watsontown, PA ( that is a close area i dont want to put exact locations) This is 300 miles away from my home! in Delaware. The burden of proof is on me my previous travel time to was 46 miles oneway and took about 1 hour this is 310miles and 3.5-4.0 hours one way with no traffic. In the letter they sent me it says they will deem failure to take this position as an voluntary resignation Also in the letter they state they are laying people off with many more layoffs to come and didnt have to offer me this position so job uncertainty is lacking and I cannot relocate because of my kids and me signing papers that I would occupy my newly purchased home for 12 months.
should i tell the referee that i dont have a private jet and they are 1.2million and i cant afford it? j/k but do I have a chance?
You do not have to accept a position 300 miles away from your previous workplace. You should not have any problem with benefits. Don't worry about it.
Per PA:
Quote:
Due to unsuitable work - When an employee accepts a position, he/she admits to the initial suitability of the position with respect to its wages and the conditions of employment.
When a claimant quits because he/she feels the job was unsuitable, the claimant must show there were changes in the conditions of employment, to which he/she did not agree upon, that made the job unsuitable, or there was deception on the part of the employer with regard to the conditions of employment at the time of hire, or he/she shall be considered ineligible.
The suitability of the work will be determined by considering factors such as the degree of risk involved to the claimant's health, safety and morals; the claimant's physical fitness; the claimant's prior training and experience; the distance of the available work from the claimant's residence; the prevailing condition of the labor market; and the prevailing wage rates in the trade or occupation.
This job offer is unsuitable. Your position was eliminated and you were discharged. You refuse the new job offer in writing, citing distance. After you've done that, apply for benefits. You should have no problem with an approval.
At your initial fact-finding interview, did you tell the deputy your job was eliminated and you had refused a job offer because it was 300 miles away?
There should be no contest - and it certainly shouldn't take from October until the middle of February for a hearing - and benefits probably not resuming for at least two-four weeks after that.
In hindsight, you should have immediately contacted your PA state legislative representative about this three-month delay in appeal on this bogus charge of a quit.
This should not be happening in this time frame under these circumstances - at all.
Your employer can say, "they will deem failure to take this position as an voluntary resignation," all they want, but it doesn't make it so. Many employees are duped into believing that they quit when they were actually fired and then refused the new terms and conditions of employment. It's so much easier to have a claim adjudicated as a discharge/refusal rather than a quit.
However, I lived it through something similar, and it was difficult to find that one person in the system that saw it the way it really was. You have to be adamant that you didn't quit the job you HAD. You were fired from the job you HAD. You refused work that was 300 miles from your home, and that was an unsuitable job.
company didnt show... I told the ref that I cant cross examine the folder and she took all of their statements and information out the folder. She asked me a few questions about my story and it was over in 5 mins she said all of their information was hearsay.
company didnt show... I told the ref that I cant cross examine the folder and she took all of their statements and information out the folder. She asked me a few questions about my story and it was over in 5 mins she said all of their information was hearsay.
What could they have possibly said to overcome the 300 mile distance issue???
You need to file a complaint with your PA state representative on the way your claim was handled now - and, if payment isn't forthcoming next week, demand immediate payment for three months' benefits. Tell your legislator being without funds for THREE MONTHS has been an extreme hardship on you and your family - and totally unnecessary. The employer's appeal was BOGUS. The employer should be penalized for wasting the PA DOL's time - and for causing you hardship. Unfortunately, the laws favor the employer. They pretty much do what they want. Nonetheless, you should file a complaint.
A delay from November until now on this bogus appeal should nothave been allowed.
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