Keeping track of all the rules and regulations governing that makes someone eligible or ineligible for unemployment benefits can be difficult at best.  Temporary staffing and seasonal employers often have a lot of experience dealing with the particularly confusing issue of Refusals of Work.  It is easy to wonder how this one works.  How can someone who has refused an offer of work still collect unemployment benefits? 

In order to clarify this very muddy area of unemployment law, some key concepts need to be explained.

The unemployment agency will only consider an offer of work to a claimant if it is a “bona fide” offer. Although the laws may vary a bit by state, a “bona fide” offer only exists when it is made through a direct conversation with the claimant. If you didn’t speak directly with the claimant to make the job offer it is not likely to be considered a “bona fide” offer of work. Text messages, voicemails, or emails will not be considered “bona fide.”  A claimant can only be disqualified from collecting unemployment for refusing bona fide work offers that are properly documented (we will get to this in a moment).

Additionally, the offer of work must be considered suitable.  For an offer of work to considered suitable it must meet the following criteria:  

• It must be in a line of work for which the claimant is reasonably qualified.
• It also must be for a reasonable rate of pay based on the claimant’s work history.  The laws vary greatly by state on this concept – check with your state UI agency. For example, if you offer a general labor position paying $10.00 per hour to a former worker who has always worked clerical positions for $13.00 per hour, the offer is likely be considered unsuitable and you would lose this protest.
• The offer cannot be for a position which requires travel that is significantly farther than the claimant has travelled in the past.
• Many states may have additional requirements for an offer to be considered suitable.  Check with your state UI agency to find out more.

Effectively documenting offers of work is critical to winning UI protests. If you are protesting a claimant’s eligibility for benefits due to a refusal of work, you must have detailed documentation of that offer and the subsequent refusal.  Your documentation should contain, at a minimum, the following elements:

• The date of the offer and how it was made (in person or on the phone)
• The name and job title of the person making the offer
• The offer details, including position, rate of pay, hours, shift and duration of work
• The anticipated start date (and end date if applicable)
• The date the offer was refused and how it was refused (note: failure to return a phone call is generally not considered a true refusal – however it can be considered failure to maintain availability for work)
• If different from the person who offered the work, the name and job title of the person who received the refusal of work
• The reason for the refusal.  This is critical to winning the unemployment insurance protest so make sure you get details

Always be certain that you are properly documenting refusals of work and that your offers are both bona fide and suitable and you should begin to win these protests.  If you are still not winning after implementing these tips, you may wish to consult an expert to assist you.  To find out more information on this topic, visit us on the web at www.unemploymenttracker.com