Section: 29(1) (c)
REFUSAL OF WORK, Offer, Posting
CITE AS: Cass County Medical Care Facility v Williams, Cass Circuit Court, No. 99-561-AE (January 12, 2000)
Appeal pending: No
Claimant: Anitha Williams
Employer: Cass County Medical Care Facility
Docket No. B1999-00201-151653W
CIRCUIT COURT HOLDING: The employer must establish that it made a specific offer of work to the claimant. Where the employer is engaged in a reorganization, the mere posting of open positions without specifically advising employees of the consequences of failing to apply, is not an offer of suitable work.
FACTS: Claimant worked for employer in its dietary department as a full-time aide. Employer reorganized the dietary department, cutting full-time positions. Employer posted a notice to the employees that there was a reorganization of the jobs and the employees were to sign up. Under the reorganization, claimant’s job was converted to part-time status. Claimant did not sign up for any openings. Another employee, who signed up, got the part-time aide job. Claimant did not sign up for any of the full-time openings because the employees who signed up had more seniority. She did not sign up for a part-time opening because she could not afford to work part-time. Employer told claimant she could apply for a position in another department but she would have to start as a new hire.
DECISION: Claimant is not disqualified under 29(1)(c).
RATIONALE: Employer must demonstrate that an offer of work was communicated to claimant. While employer had several positions open, none were offered to claimant. The postings did not inform claimant that if she failed to sign up for an opening that she would not have a job in the department. Claimant was not told she could combine part-time jobs to work full-time or that her full-time job was in jeopardy. The employer did not establish it made a specific offer of suitable work to claimant.