Quote:
Originally Posted by MrWizard
New guy here. Been on UI a few times in 35 years. I would say until you show up for work on Monday morning, or get a letter offering you work at xx per hour, you dont have a real offer. Dont bother mentioning it to EDD either; they are swamped with millions of claims.
Unless you contact a live human its meaningless. My opinion.  |
Yep. I had an issue something like this, too. Offered a contract 1099 job and turned it down because it was not worth it for me after having to carry my own liability and other insurance in order to be legal and also because the job posting listed a full time permanent job, but the guy pulled a bait and switch and told me "I'm not looking to hire someone as an employee." I said that "you lied in your ad for a full time permanent job and then called me in for an interview to tell me you're not really hiring for a full time permanent job." No way I would work for a loser like that. He even posted a salary amount in the ad and then offered half of that as a 1099.
So as not to lie to unemployment, thinking that I "refused work" I reported it. When I had the telephone interview with UE, they said that is NOT a job offer and the guy explained that a job offer and/or refusing work is (1) for permanent employment, (2) a definite offer: as in "we would like you to start work next Monday" (3) with and explanation of the job and the terms: as in "we want you to work here as a [insert job title] from 9am to 5pm monday through friday with two week vacation per year (4) it must be a real job paid with taxes and a W-2.
You are only considered to have "refused" a job or turned down an "offer" if it meets those requirements. A telephone call saying, "I need you to work next week" is not enough. That could be a temp job or a contract job and not a true offer of employment. Or the job could be filled by the time you call back. It has to be a definite offer that you got the job and know what the job is.
You are not required to accept temporary or contract work or 1099 work or off the books work. You are free to do so if you want, but you are not required to take a non-permanent no W-2 job.
Depending on what you did before and how much you made, you may also be permitted to turn down a job that doesn't pay enough (BUT CHECK YOUR STATE LAWS FOR WHAT THAT MEANS IN YOUR STATE - DIFFERENT STATES HAVE DIFFERENT RULES). You also may be able to turn a job down if it is is unreasonable, such as for 70 hours a week, when you have children. They most likely would not force you to take a job that makes it impossible to care for your own children (BUT AGAIN CHECK YOUR STATE LAWS)
NOTE THAT IN MOST CASES WHERE YOU ARE WORKING AS A TEMP FOR A TEMP AGENCY YOU ARE NOT ENTITLED TO UNEMPLOYMENT AFTER A TEMP JOB ENDS BECAUSE YOU WERE AWARE THAT IT WAS NOT A PERMANENT JOB. NORMALLY TEMP JOBS ARE NOT ELIGIBLE FOR UNEMPLOYMENT. There may be differences from state to state, but as a rule of thumb you should assume that a temporary job will not entitle you to unemployment when it ends. Though you may still be entitled to unemployment on your original claim from your previous job
if you meet the legal requirements for your state.