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What constitutes a job offer?

Hammond, IN |
Filed under: Employment

My previous employer is fighting my unemployment benefits. I already have a new job and stopped claiming immediately after my job offer. They are claiming that they offered me another position that I turned down. I was never given a formal offer for a position. There were a couple of options that were just thrown out at the lunch at which I was told my position was no longer available. I worked for two weeks after that and was never offered a specific position or a rate of pay. I do remember that I said working at a store would depend on the hourly rate and the hours as I have a daughter that would need childcare. What is the definition of a job offer?

Attorney Answers 1

  1. The fact that you were offered another position that you turned down doesn't mean you can't claim unemployment, if the new job was significantly different in terms of wages, benefits, hours or type of work. Whether or not this was a "job offer" doesn't matter. You have a right to turn down a different job if it is different from your old job and isn't compatible with your family life.

    The two weeks you worked after the "offer" might constitute an acceptance of the new job, however, if you accepted new terms of employment in a reasonably clear way. In other words, if your employer can prove you took the new job, and then quit that job, then you have a problem.

    You need to read your unemployment manual carefully and compare the requirements for collecting benefits with your situation. If your employer is challenging your claim, you are entitled to a hearing. Make sure you prepare for the hearing thoroughly.

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