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Recently, I was fired due to circumstances beyond my control.
After my termination, I immediately filed a claim to receive unemployment benefits.
My (ex)employer contacted me by phone a few days later and left a voice-mail stating that I had no control over what happened and that I was not at fault.
He apologized for over reacting and asked that I come into his office to discuss the situation.
During the meeting he expressed his apologies and offered me the position back if I was willing to accept it.
I did not accept the offer feeling that I had to find a more stable employment opportunity.
WILL I BE DENIED UNEMPLOYMENT BENEFITS FOR DENYING THIS JOB OFFER??
Wow, that's a first. An employer apologizing for a dismissal and offering you your old job back. Must be a really bad environment for you to have turned him down.
To answer your Q, if your employer contests the claim, yes, your claim for benefits will be denied. Also, one of the questions when you claim is "have you refused work." Depending on when this apology took place, your answer of "yes" will trigger an investigation.
You did have a chance to collect, however since your employer offered you the job back and you refused he will most likely tell the unemployment agency (and they will contact your ex-employer) you refused his offer to return...
If you refuse any offer to work you will be denied...
Quote:
Originally Posted by j.ti88
Recently, I was fired due to circumstances beyond my control.
After my termination, I immediately filed a claim to receive unemployment benefits.
My (ex)employer contacted me by phone a few days later and left a voice-mail stating that I had no control over what happened and that I was not at fault.
He apologized for over reacting and asked that I come into his office to discuss the situation.
During the meeting he expressed his apologies and offered me the position back if I was willing to accept it.
I did not accept the offer feeling that I had to find a more stable employment opportunity.
WILL I BE DENIED UNEMPLOYMENT BENEFITS FOR DENYING THIS JOB OFFER??
If you refuse any offer to work you will be denied...
Let's get this straight right now. This is NOT true. It's if you refuse SUITABLE work.
In Arizona, there is a special provision in the regulations. A job from which you were discharged as opposed to laid off can quite often be unsuitable even if it's the exact same job in every respect. The state recognizes that employers use this ploy to get claimant's benefits cancelled for nonmisconduct discharges. The theory is that in a discharge there may be such hard feelings that there is no way a claimant could return to the job and be successful because of the prior hard feeling that would invariably be involved.
This is a fact based determination. For example, if the supervisor just had it in for you and you were let go, and it was established it was a not for misconduct. A job with that same supervisor again, would most certainly be UNSUITABLE. However, if the supervisors supervisor offers you a suitable job in an area distant and not in the chain of command of that prior supervisor that offer could be suitable because the problem that caused your discharge would hopeful not reoccur.
According to Rhode Island law, a suitable job offer can be refused if an individual considers the workplace to involve immoral practices. Please see (b) below for this explanation.
My former employer has his mistress do misc. tasks for him all the time. It is well known around the company that this lady is his mistress and if necessary proof of her presence could easily be proven. If I consider this adultery immoral, do I not have the right to refuse the offer based on my moral beliefs?
TITLE 28
Labor and Labor Relations
CHAPTER 28-44
Employment Security – Benefits
SECTION 28-44-20
§ 28-44-20 Refusal of suitable work. – (a) For benefit years beginning prior to July 1, 2012, if an otherwise eligible individual fails, without good cause, either to apply for suitable work when notified by the employment office, or to accept suitable work when offered to him or her, he or she shall become ineligible for waiting period credit or benefits for the week in which that failure occurred and until he or she establishes to the satisfaction of the director that he or she has, subsequent to that failure, had at least eight (8) weeks of work and in each of those eight (8) weeks has had earnings of at least twenty (20) times the minimum hourly wage, as defined in chapter 12 for performing services in employment for one or more employers subject to chapters 42 – 44 of this title. For benefit years beginning on or after July 1, 2012, if an otherwise eligible individual fails, without good cause, either to apply for suitable work when notified by the employment office, or to accept suitable work when offered to him or her, he or she shall become ineligible for waiting period credit or benefits for the week in which that failure occurred and until he or she establishes to the satisfaction of the director that he or she has, subsequent to that failure, had at least eight (8) weeks of work and in each of those eight (8) weeks has had earnings greater than or equal to his or her weekly benefit rate for performing services in employment for one or more employers subject to chapters 42 – 44 of this title. (b) "Suitable work" means any work for which the individual in question is reasonably fitted, which is located within a reasonable distance of his or her residence or last place of work and which is not detrimental to his or her health, safety, or morals. No work shall be deemed suitable, and benefits shall not be denied under chapters 42 – 44 of this title to any otherwise eligible individual for refusing to accept new work, under any of the following conditions:
(1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(2) If the wages, hours, or other conditions of the work are substantially less favorable to the employee than those prevailing for similar work in the locality;
(3) If, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
Forget the laws and statues when it comes to unemployment. You need to read case law and regulations. Example: Many on here will say that they quit their job for good cause because their supervisor was mean to them. That is extremely subjective. You need to read the case law and prior board decisions because those are the case where what "good cause" means in the eyes of the law.
Ha - I'm pretty sure morals involves circumvention of established law. Is adultery against the law in RI? You may not approve, but that doesn't make it immoral by today's standards. If your boss asked you to steal, circumvent tax/labor/environmental laws, you would have grounds. Working in close contact with boss/mistress - which you'd have to prove, btw - would be a stretch.
Is your disapproval of this relationship why you were fired?
No I was fired because UPS did not deliver a package on time. My former employer told me to send a package via UPS that was to be delivered on an exact date. I scheduled the shipment accordingly with UPS to arrive on the stated date but due to unforeseen events UPS was not able to make the delivery on time. My employer fired me on the spot because the package did not arrive. He later realized that I had no control over the situation and that UPS was to blame, not me. He apologized and told me I could come back to the same position.
I told him that I do not want to come back and work for him. What possible defense could I have for refusing the offer?
You have to find those Rhode Island precedent decisions and/or regulations. In Arizona, the regulations are codified under the Arizona Administrative Code. I don't know what Rhode Island calls there's. However, on my paper work for why I was denied and then later found eligible it stated that under ARS which means Arizona Revised Statue and AAC which I google and said Arizona Administrative Code, I was then able to find all the regulations on line.
In the AZ regulations its worded this way:
R6-3-53335. Offered work previously left or refused (Refusal of Work 335)
A. Generally, no work shall be deemed suitable if a claimant has previously been disqualified in connection with his separation from such employment or has been previously disqualified for refusing a job offer for such position. However, if he is offered reemployment under substantially different working conditions, or if the circumstances which caused him to separate from the job no longer exist, the work may be considered suitable.
B. When a worker is offered reemployment in a job which he left for compelling personal reasons, or from which he was separated for non-disqualifying reasons, the circumstances surrounding his separation shall be considered in determining the suitability of the job offer.
Being fired on the spot for something to do with a UPS error, would most certainly be a supervisor for which you'd never be required to work again under AZ rules. You have to find something similar for RI.
Let's get this straight right now. This is NOT true. It's if you refuse SUITABLE work.
In Arizona, there is a special provision in the regulations. A job from which you were discharged as opposed to laid off can quite often be unsuitable even if it's the exact same job in every respect. The state recognizes that employers use this ploy to get claimant's benefits cancelled for nonmisconduct discharges. The theory is that in a discharge there may be such hard feelings that there is no way a claimant could return to the job and be successful because of the prior hard feeling that would invariably be involved.
This is a fact based determination. For example, if the supervisor just had it in for you and you were let go, and it was established it was a not for misconduct. A job with that same supervisor again, would most certainly be UNSUITABLE. However, if the supervisors supervisor offers you a suitable job in an area distant and not in the chain of command of that prior supervisor that offer could be suitable because the problem that caused your discharge would hopeful not reoccur.
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