My position was eliminated when my company was sold to new owners. I found this out 5 days before the new company took over.

My employer is disputing my unemployment claim because they claim that a comparable job offer was made to me 2 months prior to the take over date. They claim that I denied this job offer.

Facts: Though we had a conversation 2 months prior about the possiblity of staying with the company at a different location, it was not an offcial job offer. No offer was made, so there was nothing for me to refuse.

Any suggestions on what my strategy should be when fighting this claim with the unemployment judge? I feel like it is my word versus them.

Thank you!

My position was eliminated when my company was sold to new owners. I found this out 5 days before the new company took over.

My employer is disputing my unemployment claim because they claim that a comparable job offer was made to me 2 months prior to the take over date. They claim that I denied this job offer.

Facts: Though we had a conversation 2 months prior about the possiblity of staying with the company at a different location, it was not an offcial job offer. No offer was made, so there was nothing for me to refuse.

Any suggestions on what my strategy should be when fighting this claim with the unemployment judge? I feel like it is my word versus them.

Thank you!
I would say that they never offered you a job, and then the burden of proof would be on them to show you that they did. If they can't prove that they did (other than just saying they did), then you may get you unemployment. Have you given your statement to the unemployment office allready? If this was not a job offer, what was it? What were they saying to you?

I would say that they never offered you a job, and then the burden of proof would be on them to show you that they did. If they can't prove that they did (other than just saying they did), then you may get you unemployment. Have you given your statement to the unemployment office allready? If this was not a job offer, what was it? What were they saying to you?

Thanks. I have given my statement to EDD (State UI Agency) and they ruled in my favor. My employer has decided to appeal this decision. My hearing is this week.

My boss and I had a discussion about a possible opportunity that might open up in the next month or two. I told her that if this opportunity ever presents itself, I would consider it. We never talked about this again.

Now she claims that she made me an offer during this conversation and that I refused it.

Thanks. I have given my statement to EDD (State UI Agency) and they ruled in my favor. My employer has decided to appeal this decision. My hearing is this week.

My boss and I had a discussion about a possible opportunity that might open up in the next month or two. I told her that if this opportunity ever presents itself, I would consider it. We never talked about this again.

Now she claims that she made me an offer during this conversation and that I refused it.
Just stick to your guns that you were NEVER offered a job, or you would have taken it. The unemployment office may ask your employer if the job is still being offered. IF the EDD has ruled in your favor, it would be very hard to change thier mind, by just saying that this was offered, without a written offer for a new job transfer. There are people here that know alot more than I do, and I am just guessing by what my friends and co workers have gone through. Good luck to you! Keep me posted on this!

Unfortunately, it's just a matter of "he said, she said" and whomever appears to be the most credible. On the other hand, California is a very employee-friendly state when it comes to unemployment and I would be surprised if you don't prevail. Especially if the employer can't prove, for example with an offer letter or similar, that you were in fact offered a specific position.

I could not agree more with Patty.

Moreover, this so-called job offer was made quite some time ago, therefore it makes for a difficult argument on behalf of the employer. In fact, it would appear that the so-called offer was made when you had no knowledge of the sale that occurred thereafter. I would argue that the jopb offer is completely irrelevant to the matter at hand, to wit, your position was eliminated after the sale of the company.

However, this begs the question: who filed the appeal? The new owners or the old? If it were the new owners, which is the only logical possibility, then how are they aware of such an offer?

I could not agree more with Patty.

Moreover, this so-called job offer was made quite some time ago, therefore it makes for a difficult argument on behalf of the employer. In fact, it would appear that the so-called offer was made when you had no knowledge of the sale that occurred thereafter. I would argue that the jopb offer is completely irrelevant to the matter at hand, to wit, your position was eliminated after the sale of the company.

However, this begs the question: who filed the appeal? The new owners or the old? If it were the new owners, which is the only logical possibility, then how are they aware of such an offer?

Thank you so much. I agree that the job offer had nothing to do with the sale of the business, since it was made months before the company sale was even final, and months before I was notified that my position was being eliminated.

It is the old company that is appealing the claim. I never worked with the new company, so my claim does not affect them.

It is the old company that is appealing the claim. I never worked with the new company, so my claim does not affect them.

Quite frankly, this makes no sense. Once the former owners sold the company they no longer have a concern regarding their unemployment tax rate. Rather, the rate and all liabilties thereafter inure to the new owners. In other words, the new owners have no stake in your claim.

Are you sure that one of the old owners filed the appeal?

My hearing was today. I brought a witness that said that the position did not exist. It appeared that the judge sided with me on the issue.

But another issue came up. My former employer claims to have offered me a temp position of 30-60 days to help close the books. I denied being offered this position. It came down to her word versus mine.

The judge was not very helpful. When I testified to this, he asked if I was accusing my supervisor of lying. He asked what reasons were there for my supervisor to lie.

It felt very akward trying to answer why my supervisor was lying, and what motivation she has to lie. It felt like I was on trial. Any comments?

The ALJ has to ask that question because in fact if the employer stated you were offered this position and you denied such an offer, then one of you is lying. The ALJ must determine who is more credible.

I must assume that this was an issue on a Notice of Hearing. In CA, it is not unusual to get more than one (1) notice if there are multiple issues to consider such as the separation as well as a refusal to accept a suitable offer of employment. Is this the case?