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THe owners own Business A restaurant and also own Business B hardware store. Business A closes because they were ordered to by the court. You are offered a job at Business B. You don't take the job at Business B because they are breaking the law by still being open according to the lawsuit so they let you go before the business closes? Whats the chances of getting unemployment? First time was received due to lack of work employer is appealing.
If claimant left work voluntarily wihtout good cause or was discharged for misconduct? I didn't want to work for the same family that was breaking the law. I said i would work until the business closed its door they sent me on my way about 23 days before that.
Do you have anything in writing from the employer dismissing you? A witness - by witness heard first hand what was said, not what you told them - that will attend the hearing or participate in a telephone hearing?
Do you have a copy of the court order closing the business?
Since this is a separation issue, don't even mention the Company B job offer, or you'll just cloud the dismissal issue, and raise a new issue that will be almost as difficult to defend against.
Those are two different types of business. You were hired as a waiter or whatever then asked to work at a hardware store. That wasn't on your job details with your job. Just to clarify, you never worked at business B?
I do not have anything in writing discussing my dismissal issue and no issues. I also don't have anything in writing where I put in my notice. This is all between the general manager and me behind closed doors. I do witnesses that can attest to somethings the manager is lying about. I have court documents that show they were ordered to close. Also have a letter to the court from their lawyer stating they closed their doors on the day I was let go. Now they are still open and the court hasn't reconsider the hearing so the order still stands. I also have where the owner filed to close the LLC and an affadvait to the court testafying that as far as he knows the LLC is wrapping up its business affairs. I didn't mention the job offer to Company B the general manager did. Now this general manager is not the manager for Company B and it wasn't in writing so again it is just fly in the wind to. I have my job details and i thought about sending that in as evidence but i was afraid it would work against me because GM is also trying to say now that I left they examined my work and found I was doing none of it. I have witnesses that know for a fact I did my job and im being attacked on my ethics as well and i have 3 witnesses willing to testify to that. General Manager said they never closed their doors and that they are doing other things. Also to state the fact I never worked at Company B and i have my pay stubs to prove where i was paid from.
I'm starting to get the idea that you don't have a clue what that paperwork you have means. A restaurant that is ordered to close, means nothing more than they are not allowed to be open to serve food to the public. That does not mean that they can't do other things inside like fix the issues that caused them to not be able to serve food anymore.
If there were other things to do, and you would have gotten paid, you're in a world of hurt at your appeal. With that said, there is one hope. If you were a server that relied on tips, and the employer would be paying you server minimum wage to do regular minimum wage work, then you need to change your argument to be that you were not getting the correct minimum wage for the work the employer would have been making you do. The next thing you can rely on is that the status of the restaurant was depriving you of your tips, and was a reduction in wages.
Forget the "examined my work" issue. That won't fly because if you weren't doing your work, they would have fired you for that. You can't fire someone, and say after the fact, "after the employee was gone, we discovered work the worker hadn't done." That means they had no clue while you were there was unfinished work, and that means it's NOT the reason and can't be the reason you were fired/quit or whatever it was that happened to you.
I didn't work in a restaruant I was being generic. I worked in a place that offered small loans. The court ordered them to stop doing business due to non compete clause from pulling away from a franchise.
This above is not universal and in all states. You can refuse work offered to you that is unsuitable, and you kind of have to prove that it is unsuitable. However, you can't quit a job that you accepted knowing it was unsuitable, and think you're going to get UI. On the flip side, if the employer makes substantial enough changes that you can prove, and those changes make the job unsuitable based on our recent previous employment, then you can quit with "good cause."
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