My part time employer terminated me a week before Christmas by email (so it’s all in writing), and stated they could not support my part time role any longer due to shifting client needs, lack of business, and slow pays and no pays. They then went on to say I could check in or they would call me to work with them on a contract basis as the need arises. One comment in my response was I was sorry our relationship had to end this way. They protested and told the investigator that I quit, based on the fact that I did not want to contract with them. Will they win the protest based on this?
If I’m understanding you correctly, you’ve told me that although they laid you off for a lack of work they have also protested your claim with a common response that they offered you different terms for continuing in their employment and your email response about how the relationship ended is in their opinion, enough to turn their choice to lay you off into a voluntary quit, or maybe a refusal of suitable work? (depends on the state.
Go figure sounds like a classic “textbook” HR type response when downsizing to minimize a claimants chance of getting benefits. Lay them off and protest that other suitable work was offered.
In most unemployment laws there has to a an actual bonafide offer of work to prove a quit, or a refusal of suitable work.
From the way you tell it, it sounds like a pretty sketchy or at best, tentative offer of work with no real terms, or conditions mentioned except that it would be “contract based work”. That isn’t enough information to make an informed decision of whether to know if the work is suitable enough to accept the new job.
I myself would of tried to nail down the terms and conditions being offered so I could then consider those in relationship to the criteria my state uses to define suitable work.
It would be helpful for me if I knew more details about any pay reduction, or the terms of what was meant by “contract work” as those are sort of important to know.
Chris
A couple more questions I wasn’t going to go into: Do you happen to have a full-time job currently?
Do you live in a state that has a part-time worker provision if you do not have a full-time job?