Appeals Panel Finds that Employer’s Bona Fide Offer was Invalid
The appeals panel has reversed a hearing officer’s determination that an employer made a bona fide offer of employment and has rendered a decision that the offer of employment was not bona fide. In Appeals Panel Decision Number 151841, the appeals panel explained that the hearing officer’s determination that the employer made a BFOE to the claimant was wrong as a matter of law because the employer did not disclose the days and time the claimant was scheduled to work. The decision was posted on the Division’s website on January 12, 2016.
The hearing officer found that the BFOE dated April 2, 2015, complied with the requirements set forth in Rule 129.6. The appeals panel disagreed, writing:
In Appeals Panel Decision (APD) 010110-s, decided February 28, 2001, the Appeals Panel noted that the language in Rule 129.6 is “clear and unambiguous” and that the rule “contains no exceptions for failing to strictly comply with its requirements.” In evidence is the employer’s BFOE dated April 2, 2015, which states in part the following: “Your work schedule will be as follows: Full-time; 30 hrs a week/5 days a week.” In this case, the letter fails to comply with the requirement of Rule 129.6(c)(2) because it does not disclose the specific days the claimant is scheduled to work or time the claimant is scheduled to start and end each work day. This case is similar to APD 022689, decided November 25, 2002, where the Appeals Panel noted that the employer did not tender a BFOE complying with the requirement of Rule 129.6(c) because the letter failed in part to disclose the days the claimant was scheduled to work, although the hours were noted.
This case provides an important lesson that must be communicated to policy holders regarding the content of their offers of employment. General statements describing the work to be done may prove fatal to enforcing the offer of employment if the claimant refuses to return to work.
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