Getting Back to Work: A Guide for Employers and Employees — Ways and Means Staff (May 29, 2020)
Summary
Getting Back to Work: A Guide for Employers and Employees, marked as prepared by Ways and Means Staff 5/29/20, answers frequently asked questions about unemployment insurance (UI) as the economy reopens. It says the responses concern expanded support for unemployed workers included in the CARES Act and that states are ultimately responsible for making eligibility decisions based on individual circumstances. The guide has three sections: Valid Reasons for Staying on Unemployment Insurance, Returning to Work, and Guidance for Employers. It says that making more money on UI is not a valid reason for turning down a job, and that in most states lack of child care due to the pandemic is a valid reason to turn down a job.
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“Getting Back to Work: A Guide for Employers and Employees — Ways and Means Staff (May 29, 2020).”
Original at waysandmeans.house.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/house-ways-and-means-getting-back-to-work-a-guide-for-employers-and-employees/
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As prepared by Ways and Means Staff 5/29/20
Getting Back to Work:
A Guide for Employers and Employees
Frequently Asked Questions about Unemployment Insurance (UI) as the Economy Reopens
The following are responses to common questions about expanded support for unemployed
workers included in the CARES Act. States are ultimately responsible for making eligibility
decisions based on individual circumstances. There are three sections: Valid Reasons for
Staying on Unemployment Insurance, Returning to Work, and Guidance for Employers.
Employers and employees should check their state workforce website for specific information,
but read to the end for some guidance from your state.
VALID REASONS FOR STAYING ON UNEMPLOYMENT INSURANCE
I was recently offered my job back after having been laid off due to the pandemic, but I make
more money now on unemployment. Can I turn the job down and stay on unemployment?
No. States permit a number of valid reasons for turning down a job. But making more
money on UI is not one of them. If you don’t take the job and don’t have a valid reason,
you are not eligible for UI and could be at risk of committing fraud. States are required to
collect overpayments made to individuals that improperly receive benefits.
I was offered my job back but my children’s day care center is still closed down due to the
pandemic. Am I still eligible for UI if I turn down the job due to lack of child care?
Yes. You are eligible. The CARES Act provides protections for workers impacted by
COVID-19 and in most states, lack of child care due to the pandemic is a valid reason to
turn down a job if you are the primary caregiver.
My employer will let me work from home with pay. However, because my children are out of
school and my spouse is working, I need to care for them and it is too difficult to work from
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home. I need my kids to be at school in order for me to be able to work. Am I eligible for UI
until my kids get back to school?
Yes. You are eligible. As stated earlier, the CARES Act provides protections for workers
impacted by COVID-19 and in most states, lack of child care due to the pandemic is a
valid reason to turn down a job. But trying to find temporary child care and working
from home, even part-time, may be the best option since there are no guarantees your
job will still be available when your kids return to school.
I don’t want to return to work because I am worried about exposure to illness. Wouldn’t it be
safer for me to remain on UI?
Your health and safety are very important, and that’s exactly why you should return to
work—after all, most Americans receve health care insurance through their employer.
Employers are already working to reduce risks of exposure in the workplace, and you
should work with your employer directly about any concerns you have. Unwillingness to
do so is not a valid reason to stay on UI.
RETURNING TO WORK
What can a claimant do if he or she believes a job offer is not for suitable employment?
Claimants may file an appeal if they disagree with a state’s determination regarding
suitable work. If an employer raises an issue of failure to accept suitable employment,
the state unemployment insurance agency must provide the claimant with an
opportunity to provide his or her side of the story and to rebut any evidence provided to
the state before making a final determination.
Most state laws allow for refusal of suitable employment for good cause, which is
defined in state law. Criteria for good cause may include, but are not limited to, the
degree of risk to an individual’s health, safety, the individual’s physical fitness, prior
training, experience, and earnings; the length of unemployment and prospects for
securing local work in a customary occupation; and the distance of the available work
from the individual’s residence.
What happens if there is another outbreak and a family member or I get sick due to COVID-
19? Do I have to quit my job and go on UI?
If you work for an employer with under 500 employees, your employer must give you
paid sick leave and paid family and medical leave for up to 12 weeks with pay to take
care of yourself or a family member. There are some exceptions to this requirement for
small businesses.
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This new access to paid leave was provided by the Families First Coronavirus Response
Act. The U.S. Department of Labor has provided a notice for employers to inform their
employees about these benefits here:
https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-
Federal.pdf
If paid sick leave is not available through your employer, pandemic unemployment
assistance is available to provide temporary income support for individuals impacted by
COVID-19 who are unble to work. You are encouraged to talk to you employer about
options, such as being furloughed, to keep your health insurance and not lose the
connection to your job.
What happens I there is another outbreak this Fall and my kids’ school closes and I can’t go to
work? Do I have to quit my job and go on UI?
Same as above. The Families First Coronavirus Response Act provides access to paid sick
and family and medical leave for reasons related to COVID-19 for employees who work
at companies with less than 500 employees through the end of the year.
GUIDANCE FOR EMPLOYERS
Many employers in my community say that employees are not coming back to work because
they make more money on UI. What should I tell these employers?
First, you need to ask them if they have formally offered the employee a job. If not, they
need to do that. Second, they need to report the names of the people that have been
offered a job to their state unemployment office. Those who turn down a formal job
offer from their previous employer without a valid reason (i.e., good cause) are no longer
eligible for UI.
What can an employer do if it believes an unemployment insurance claimant has refused an
offer of suitable employment?
Nearly all states have processes for employers to submit documentation that an offer of
suitable employment was refused by an unemployment insurance claimant. A list of all
state unemployment insurance fraud hotlines can be found at:
https://www.dol.gov/general/maps/fraud. You can also report fraud, waste and abuse
to the Department of Labor’s Office of the Inspector General.
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One of my workers quit because he said he would prefer to receive the unemployment
compensation benefits under the CARES Act. Is he eligible for unemployment? If not, what
can I do?
No. Individuals who quit their jobs to access higher benefits, and are untruthful in their
UI application about their reason for quitting, could be at-risk of committing fraud.
Eligibility for regular unemployment compensation varies by state but generally does not
include those who voluntarily leave employment. Similarly, to receive pandemic
unemployment assistance, an individual must satisfy one of the eligibility criteria in the
CARES Act. These include the following scenarios:
• if the individual receives a positive COVID-19 test or is experiencing symptoms and
seeking a medical diagnoses;
• if a member of the individual’s household has been diagnosed with COVID-19;
• the individual is caring for a family member or a member of the individual’s
household diagnosed with COVID-19;
• the individual is the primary caregiver of a child who is unable to attend a school or
child care closed because of COVID-19,
• the individual is unable to reach the place of unemployment because of a quarantine
due to the public health emergency,
• an individual’s place of employment is closed due to COVID-19.
How Different States Handle Job Refusal
Nearly all states have released guidance or FAQ’s reminding claimants that they may not refuse
an offer of suitable work, often accompanied by a list of good cause exceptions for situations
involving COVID-19, and have instructed employers to notify them if an employee refuses to
return to work. The following table is not a comprehensive document—please check your own
state workforce agency website for specific, up-to-date guidance.
State COVID-19 and State UI Information: Job Refusal
Alabama (Bloomberg News excerpt) “Alabama’s labor department has taken a tough stance
on workers who are reluctant to return to their jobs as some states reopen for
business, warning that refusing work and continuing to claim unemployment
benefits is fraud.
The department issued the warning in a statement released late Thursday that
encouraged employers to report to the state any workers who refuse to return to
work. The state’s hard line comes as restaurants and other service businesses in a
number of Southern states prepare to reopen, and as the U.S. Labor Department’s
independent watchdog is paying close attention to how states handle the potential
for fraudulent unemployment insurance claims.”https://news.bloomberglaw.com/daily-
labor-report/alabama-warns-refusing-work-to-claim-unemployment-is-fraud
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Alabama unemployment compensation handbook -
https://www.labor.alabama.gov/docs/guides/uc_brr.pdf
Alabama Department of Labor website:
https://labor.alabama.gov/unemployment.aspx
Alaska Can I refuse an offer of suitable work and still receive my UI benefits?
Anytime someone refuses an offer of suitable work, the reason for the refusal is
investigated. If it is determined that there was not good cause for the refusal of
suitable work then a six week penalty and a three week reduction of benefits will be
applied to your claim. You will also not be eligible for Extended Benefits (EB) should
they become available. You will also be required to pay back any UI benefits you may
have received incorrectly.
https://labor.alaska.gov/unemployment/COVID-19.htm
Alaska Department of Labor and Workforce Development website:
https://labor.alaska.gov/unemployment/
Arizona Refusal of Work or Referral to Work
If you refuse an offer of or referral to suitable work, you will be disqualified
beginning with the week of the refusal and until you are reemployed and earn wages
equal to eight times your weekly benefit amount. A determination will be made
about whether or not you are eligible for benefits. All determinations of whether or
not a person is eligible for benefits are made by the appropriate Arizona Revised
Statute (A.R.S.), Administrative Code (A.A.C.) or applicable federal laws. Before any
disqualification can be imposed for refusing suitable employment without good
cause, the Department must show that all of the following elements exist:
An opening exists.
The offer is definite.
You received the offer of employment.
You received sufficient information about the prospective job.
The work is suitable.
Arizona Department of Economic Security website:
https://des.az.gov/services/employment/unemployment-individual/refusal-work-or-
referral-work
Arkansas Employer Services for Unemployment Insurance
Employers may now report individuals who refuse offers of work, as well as those
who fail to submit to or pass a pre-employment drug screen directly through the
Online Unemployment Insurance Employer Services portal.
Should you have any questions or comments concerning any of the Online
Unemployment Insurance Employer Services features, please contact the ADWS UI
department here.
Individuals receiving UI benefits may be disqualified if they fail to accept offers of
suitable work or if they fail to submit to or pass a pre-employment DOT qualified
drug screen. However, in order to investigate the possible disqualification, ADWS
must be notified. In many instances, a job applicant that is also claiming UI benefits
will not report the refusal or the failure and thereby escape disqualification. The
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failure to report the refusal or failure is a form of UI fraud.
https://www.dws.arkansas.gov/employers/ui-employer-services/
Arkansas Division of Workforce Services website:
https://www.dws.arkansas.gov/unemployment/
California California Unemployment Insurance Code, Section 1257(b), provides an individual is
disqualified for unemployment compensation benefits if: He or she, without good
cause, refused to accept suitable employment when offered to him or her, or failed
to apply for suitable employment when notified by a public employment office.
Title 22, California Code of Regulations, Section 1253(c)-1(c)(4), defines good cause:
"Good Cause" means a compelling reason, one which would influence a prudent
person in the same circumstances as the claimant, and who is genuinely desirous of
working, to impose the restriction. A finding of good cause depends on a
determination that the claimant had no reasonable alternative for discharging the
obligation that led the claimant to place the restriction on his or her availability.
Reasons of ambition, prestige, taste, or similar motives, though they may be
commendable in certain instances, will usually not be considered to constitute good
cause.
(San Fransisco Chronicle excerpt) “People who turn down a new job — or their old
one — because of coronavirus concerns may be able to continue collecting
unemployment insurance, according to new guidelines from the California
Employment Development
Department.”https://www.sfchronicle.com/business/networth/article/Californians-can-
refuse-some-work-during-15267447.php
California Employment Development Department website: (Employer info.)
https://edd.ca.gov/employers.htm
Colorado (Colorado Public Radio excerpt) “Conflicts between workers and their employers are
starting to pile up as businesses reopen in Colorado.
About 150 people have refused to return to their jobs, according to reports filed
with the Colorado Department of Labor and Employment. Workers and employers
are supposed to report "job refusals" by employees who are receiving
unemployment benefits. Those workers might then lose their unemployment
benefits, depending on the situation.
Employees of salons, retail stores and restaurants have expressed concerns about
returning to work. Some are worried about their health, while others are receiving
more money through unemployment than they would at work. So far, the state is
largely deciding cases in favor of workers and allowing them to keep their benefits.
Officials have reviewed 55 cases. Of those, about 50 of the workers were allowed to
keep their unemployment benefits. Five workers lost their benefits. State officials
weigh several factors in each case. Employees might keep their benefits if:
The work environment is not complying with social distancing, World Health
Organization guidelines or Safer at Home guidelines
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State COVID-19 and State UI Information: Job Refusal
The wages or the job significantly changed.
The employee is especially vulnerable to COVID-19, including because they are older
or immunocompromised.
The employee is caring for someone with COVID-19.
CDLE doesn’t have the authority to inspect workplaces. “Rather, we can analyze the
facts as presented for both parties,” said Jeff Fitzgerald, director of the
unemployment insurance division.”
https://www.cpr.org/2020/05/07/150-coloradans-have-been-reported-for-refusing-
to-return-to-their-jobs/
Colorado Department of Labor and Employment website:
https://www.colorado.gov/pacific/cdle/unemployment
Colorado Returning to Work Employer Guidance: (Report Refusal of Suitable Work)
https://www.colorado.gov/pacific/cdle/covid-19-employers
Connecticut If You Refused Work
Whenever it is reported to the Labor Department that you have refused an offer of
employment or a referral to a job, a hearing must be
conducted to determine whether you refused the job/referral with sufficient cause
and whether the work/ referral offered was suitable. If
it is determined that you refused suitable work without sufficient cause, you will be
disqualified from benefits, effective with the week
you refused the job or referral, until you return to work and earn at least six times
your weekly benefit rate and are otherwise eligible.
In determining whether you had sufficient cause for refusing a job or a referral to a
job, Labor Department staff will consider:
1.Whether the job is in your usual occupation or if it is work for which you are
reasonably fitted;
2.Whether the job is within a reasonable distance of your home;
3.Your prior training, experience and skills;
4.Your previous wage level;
5. How long you have been unemployed;
6.Whether the job poses any unreasonable risks to your health, safety or morals;
7.Whether the wages, hours and working conditions of the work offered or referred
to are substantially less favorable than those
prevailing for similar work in the same area; and
8.Whether there is a reasonable basis for a refusal, based on factors such as: present
employment; personal illness or
disability; domestic responsibilities of a compelling nature; confinement; or
attendance in training approved by the Labor
Department. https://www.ctdol.state.ct.us/progsupt/unemplt/new-faqui.htm
Connecticut Department of Labor website: (FAQ’s)
https://www.ctdol.state.ct.us/progsupt/unemplt/new-faqui.htm
Delaware Employer Work Refusal Report
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State COVID-19 and State UI Information: Job Refusal
Delaware requires claimants collecting unemployment benefits to accept suitable
offers of work. If you are an employer who has made an offer of work to an
employee please complete the form below. In the comments section please include
details of the offer of work such as who made the offer, how the offer was made,
and details of the position offered such as job title, rate of pay and work location.
The Division will make a determination of eligibility that is mailed to the claimant
and employer.
https://ui.delawareworks.com/forms/work-refusal/
Delaware Division of Unemployment Service website:
https://www.ctdol.state.ct.us/progsupt/unemplt/new-faqui.htm
Florida You may be unable to receive benefits for the following reasons:
• You voluntarily left work without good cause.
• You were discharged for misconduct connected with work.
• You were discharged for a dishonest act.
• You refused to accept a suitable offer of work.
Report all job refusals. If you refuse an offer of work, you must report your refusal to
DEO, who will determine if there was good cause to refuse the work.
https://floridajobs.org/docs/default-source/reemployment-assistance-center/new-
individual-faq-includes-cares-act-final.pdf?sfvrsn=5f2547b0_52
Florida Reemployment Assistance website:
https://www.stateofflorida.com/articles/florida-unemployment/
Georgia Report Suspected Unemployment Insurance Job Refusal form:
file:///C:/Users/cvincent1/Downloads/dol2916.pdf
GDOL offers several options to report suspected cases of unemployment benefit
fraud, identity theft, job refusals and failed pre-employment drug screening tests.
The preferred method to submit your report of suspected UI fraud and abuse is
through our Online Reporting system. All tips received are investigated regardless of
how much information is provided. However, the more details you can provide, the
more you will aid in the investigation.
Report all job refusals
If you refuse an offer of work, you must report your refusal to GDOL, who will
determine if there was good cause to refuse the work.
Georgia Department of Labor website:
https://dol.georgia.gov/report-ui-fraud
Hawaii Unemployment Insurance (UI) fraud and abuse is a crime. It drives up UI taxes for
businesses, and causes frustration for law-abiding workers. Individuals who commit
fraud are subject to penalties and/or criminal prosecution. You may be guilty of
fraud if you hold back information from or provide false information to the
Unemployment Insurance Division. Any incorrect information about your work
status or details in your application can be construed as misrepresentation of facts
to commit unemployment fraud. Individuals who knowingly collect unemployment
benefits based on false or inaccurate information provided by them when filing their
claim or while receiving benefits, are committing fraud!
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State COVID-19 and State UI Information: Job Refusal
Department of Labor and Industrial Relations website:
https://labor.hawaii.gov/ui/information-on-ui-fraud/
Idaho If the Idaho Department of Labor offers you a job referral for suitable work, you may
be denied benefits if you refuse to accept the referral or fail to make contact with
the employer. If you are job attached, you must maintain contact with your
employer and return as soon as work becomes available.
Idaho Department of Labor website:
https://labor.idaho.gov/dnn/Unemployment-Benefits/PersonalEligibility
Illinois Under Section 603 of the Illinois Unemployment Insurance Act, an individual shall be
ineligible for benefits if he/she failed,
without good cause, either to apply for available, suitable work when so directed by
the employment office or the Director, or to
accept suitable work when offered to him/her by the employment office or an
employing unit, or return to his/her customary
self-employment (if any) when so directed by the employment office or the Director.
Please provide details about the refusal.
The information you provide will be used for the purpose of determining your
eligibility for benefits.
Please complete, sign and return this questionnaire to your Illinois Department of
Employment Security Reporting Office as
instructed. Failure to respond will result in a determination based on the available
information.
Illinois Department of Employment Security website:
https://www2.illinois.gov/ides/IDES%20Forms%20and%20Publications/ADJ016FC.pdf
Indiana (IndyStar.com excerpt) “Hoosiers receiving unemployment insurance benefits could
lose their eligibility if they are recalled to work but refuse to return due to fears of
the coronavirus. The Indiana Department of Workforce Development said it is
increasingly getting questions about it from Hoosiers. Fred Payne, commissioner of
the Department of Workforce Development. Unemployment insurance acts as a
bridge between job loss and new employment, he said.
"This is the backdrop through which we'll access all claims — federal and state,"
Payne said during the state's daily coronavirus press conference on Thursday.
"Claimants placed on a temporary layoff related to COVID-19 must return to work if
called back to remain eligible for benefits." He said not returning to work when there
is available work could be considered a refusal to work — potentially disqualifying
people from receiving unemployment benefits.”
https://www.indystar.com/story/money/2020/04/30/indiana-unemployment-
refusing-work-coronavirus-can-affect-eligibility/3058846001/
Q13. I laid off employees due to COVID-19, and they are collecting unemployment
insurance
benefits. If I recall those employees and they refuse to return to work, can I report
this to DWD?
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State COVID-19 and State UI Information: Job Refusal
A13. Yes, employers can complete the Notice of Work Recall Refusal (Employer),
State Form 56951, found at this link: https://www.in.gov/dwd/2406.htm. DWD will
then evaluate the reasons for refusal and make a determination on continued
eligibility for unemployment insurance benefits.
Indiana Department of Workforce Development website:
https://www.in.gov/dwd/files/Indiana_Unemployment_FAQ_Employers.pdf
Iowa IWD announces Guidance on Unemployment Benefits:
Iowans Who Refuse to Return to Work Without Good Reason When Recalled Will
Lose Eligibility to Unemployment Benefits
DES MOINES – Iowans who have been placed on a temporary layoff related to
COVID-19 but refuse to return to work when recalled by their employer will lose
unemployment benefits, except for certain circumstances including:
• If you have tested positive for COVID-19 and are experiencing symptoms;
• If you have been advised by your healthcare provider to self-quarantine due
to concerns related to COVID-19;
• If you have recovered but it caused medical complications rendering you
unable to perform essential job duties;
• If a member of your household has been diagnosed with COVID-19;
• If you are providing care for a member of your household who was diagnosed
with COVID-19;
• If you do not have childcare due to COVID-19 reasons; or
• If you do not have transportation to your place of work because of COVID-19.
Employees in any of these positions are strongly encouraged to work with their
employer in the best way to handle the situation to return to work.
https://www.iowaworkforcedevelopment.gov/job-offer-decline-form-employers
Refusing to return to work when recalled for any other reason, or in an attempt to
continue to draw unemployment benefits will be considered a "voluntary quit"
which would disqualify a claimant from receiving benefits, including the Federal
Pandemic Unemployment Compensation benefit of $600/weekly. An employee who
is recalled on a part-time basis may continue to be eligible for benefits depending on
the amount of wages they earn. They should continue filing their weekly claims and
report the gross wages they earned each week. Additionally, the self-employed
should continue to report their weekly gross income as part of their continuing
claims as they return to work.
Iowa Workforce Development website:
https://www.iowaworkforcedevelopment.gov/iwd-announces-guidance-
unemployment%C2%A0benefits-iowans-who-refuse-return-work-without-good-reason-
when
Kansas Job Refusal Statement - Claimant
Can a claimant turn down a job while receiving benefits?
You are not eligible for unemployment benefits if you fail without good cause to
accept suitable work if it is offered to you. Suitability is determined by considering
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State COVID-19 and State UI Information: Job Refusal
your skills, training, experience and capabilities needed for the job. Labor market
conditions must also be taken into consideration when considering the suitability of
any work offered (your prospects for work, the number of jobs available in your
chosen occupation or skills area, etc.). Did the job meet federal/state standards in
that the working conditions were not substantially less favorable than those
prevailing for similar work in the labor market? If it is determined the job is suitable
and you failed to accept the work, you are disqualified from benefits. If the job was
suitable, did you have good cause for refusing the work? Did you refuse the job
because of illness, hospitalization, lack of child care or transportation, etc.? These
are availability issues. In order to establish good cause, you must have made every
reasonable attempt to remove the restriction.
Kansas Department of Labor website:
https://www.getkansasbenefits.gov/Files/PDF/kben3118A.pdf
Kentucky Work Refusal Form
Under Section 341.350 of the Kentucky Unemployment Compensation Laws and
Regulations, an individual shall be ineligible for benefits if he/she failed, without
good cause, either to apply for available, suitable work or to accept suitable work
when offered to him/her by the employment office or an employing unit. If you
know of someone who has refused to accept suitable work, please click here to
provide details about the refusal.
Kentucky Career Center website:
https://kcc.ky.gov/career/If-you-are-an-Employer/Pages/default.aspx
Louisiana Some employers think laid-off workers receiving all of the COVID-19 benefits may
choose to keep collecting them, and not return to work. How will employers manage
that?
For employers who are concerned that their employees will not report back to work
after the stay-at-home orders have ended, we will address refusal of suitable work
and the work search requirement before the order is lifted. We are currently
planning for this, including potential messaging, a direct email dedicated for refusal
of work issues for employers to use and the potential workload that will occur. We
are discussing several areas that we will cover to ensure that individuals that have
reported back to work, failed to seek work or refused to work will be addressed.
Refusal of work and failure to complete work searches can disqualify individuals
from all claims, including regular unemployment, Pandemic Unemployment
Assistance and Pandemic Emergency Unemployment Compensation. A
disqualification will result in no further payments including the $600 Federal
Pandemic Unemployment Compensation.
Louisiana Workforce Commission website:
http://www.laworks.net/FAQs/FAQ_COVID-19_QandA.asp
Maine Refusals of Offers of Work or Referrals from a Career Center
You must report any offer of work that you refuse or any referral to work from an
MDOL CareerCenter that you do not accept on your Weekly Certification. You must
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explain the refusal in the space provided if you file online or in the “Remarks”
section on the front of your attendance verification form for special programs. If you
file your weekly certification by telephone, your claim may be accepted by the
system but you will be contacted by the MDOL to provide additional information
regarding the Refusal of Work or Referral by the CareerCenter. If you refuse an offer
of suitable work or a referral to a suitable job, you may be disqualified from
receiving further benefits.
Maine Department of Labor website:
https://www.maine.gov/unemployment/docs/2018/UIGuide2018.pdf
Maryland Failure to Apply for or Accept Suitable Work - Section 8-1005 - Maryland
Unemployment Decisions Digest – Appeals
Section 8-1005(a)(1) provides that a claimant may be disqualified from receiving
benefits if the claimant, without good cause, has failed to: (1) apply for available,
suitable work when directed to do so; (2) accept suitable work when offered; or (3)
return to usual self-employment when directed to do so. The maximum penalty for
refusing suitable work is that benefits will be denied until the claimant is reemployed
and earns at least ten times his weekly benefit amount in covered employment. If
there are mitigating circumstances involved in the claimant's refusal of suitable
work, the claimant could receive a lesser penalty which consists of a five to ten week
denial of benefits.
Maryland Department of Labor website:
https://www.dllr.state.md.us/uiappeals/decisions/8-1005.shtml
Massachusetts Unemployment Insurance Benefits and Returning to Work: Guide for Employers
In normal times, the intent of the unemployment insurance program is to assist
people during periods of unemployment when suitable work is not available.
But, during the current COVID-19 pandemic, the U.S. Department of Labor
encourages flexibility to effectively comply with government social distancing
recommendations and to mitigate the spread of the virus. In response, the
Department of Unemployment Assistance enacted emergency regulations, that,
among other things, altered the definition of suitable work.
Massachusetts Department of Uenmployment Assistance website:
https://www.mass.gov/info-details/unemployment-insurance-benefits-and-
returning-to-work-guide-for-employers
Michigan The law says that if an unemployed worker collecting unemployment benefits
refuses an offer of suitable work, without good cause, the unemployed worker must
be disqualified from receiving unemployment benefits. The claimant's
unemployment benefits will be reduced by up to 13 weeks.
Michigan Unemployment Insurance Agency website:
https://www.michigan.gov/documents/uia/Refusal_of_Work_2012_383569_7.pdf
Minnesota (Minnesota Star Tribune excerpt) “The Minnesota Department of Employment and
Economic Development (DEED) says that people able to return to work "need to do
so," or risk becoming ineligible for unemployment benefits.
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"If you have a health reason or caretaking responsibility, then you should stay home
and you would likely continue to qualify for unemployment," DEED Commissioner
Steve Grove said in a statement. "But if you are an able-bodied and otherwise
healthy worker, unemployment insurance isn't able to pay you if you desire to stay
home."
https://www.startribune.com/can-i-still-collect-unemployment-if-i-refuse-to-return-
to-an-unsafe-workplace/570134161/
Minnesota Unemployment Insurance Agency website:
https://www.uimn.org/applicants/getpaid/stay-eligible/seeking.jsp
Mississippi Business Tips for Employers
By Reporting a Separation or Refusal to Work
You could help make a difference that may: Prevent fraud & overpayments, Keep
your tax rates low, Cut down on appeals, Save you time & money
Don’t wait until you receive a notice that a claim for unemployment insurance
benefits has been filed. Make your report when the activity occurs.
he information you provide is confidential and can help prevent improper payments
of benefits. This can prevent unnecessary charges to your account and help keep
your tax rate low. A separation occurs when an employee is no longer working for
the employer. When someone does not accept a job offer from an employer it is
referred to as a refusal of work.
https://mdes.ms.gov/employers/business-tips-for-employers/why-report-
separations-and-refusals-to-work/
Mississippi Department of Employment Security website:
https://www.mdes.ms.gov/unemployment-faqs/
Missouri Missourians who have been placed on a temporary layoff related to COVID-19, but
refuse to return to work when called back by their employer, should expect to lose
unemployment benefits. However, state officials say there are a few exceptions:
-If you have tested positive for COVID-19 and are experiencing symptoms
-If you have recovered from COVID-19 but it caused medical complications rendering
you unable to perform essential job duties
-If a member of your household has been diagnosed with COVID-19
-If you are providing care for a member of your household who was diagnosed with
COVID-19
-If you do not have childcare due to COVID-19 reasons
-If you do not have transportation to your place of work because of COVID-19.
Employees in any of these positions are strongly encouraged to work with their
employer on the best way to handle their situation. If you refuse to return for
reasons not covered under the CARES Act, you would be disqualified from receiving
benefits, including the $600 weekly Federal Pandemic Unemployment Compensation
supplement.
Missouri Division of Employment Security website:
https://labor.mo.gov/coronavirus
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Montana What happens if a claimant refuses a job offer?
If a claimant refuses suitable work without good cause, while actively claiming for
benefits, the claimant may be
disqualified. The department considers such factors as:
• Whether the offer of work was bona fide;
• The degree of risk to the claimant’s health, safety, and morals;
• Physical fitness;
• Prior training and/or experience;
• Previous earnings;
• The length of unemployment and prospects for finding work in the claimant’s
customary occupation,
• The distance of the available work from the claimant’s residence.
If a claimant refuses suitable work without good cause, while actively claiming
benefits, the claimant may be
disqualified to receive benefits. The disqualification can be ended when the claimant
has earned six times their weekly benefit amount. The maximum benefit amount is
reduced by six times the claimant’s weekly benefit amount
Montana Department of Labor and Industry website:
http://uid.dli.mt.gov/Portals/55/Documents/Contributions-Bureau/dli-uid-ui010.pdf
Nebraska I refused a job offer. Will I be eligible for benefits?
A: You may be disqualified for 12 weeks for failing to accept an offer of suitable
employment or failure to accept a Nebraska Department of Labor Employment
Service referral. Suitability is determined by considering a person’s training and
experience and the conditions in the labor market. Maximum benefits payable may
also be reduced when a disqualification is assessed. NESL: 48-628(3)
Nebraska Department of Labor website:
https://dol.nebraska.gov/UIBenefits/Claims/FAQ/Eligibility
Nevada Reasons an unemployed person may not be eligible for unemployment benefits are:
1. Separation from employment due to quitting without good cause.
2. Being discharged for misconduct in connection with your work.
3. Refusal of an offer of suitable work without good cause.
Nevada Department of Employment, Training and Rehabilitation:
http://ui.nv.gov/PDFS/NEK_Information_for_Unemployed_Worker_ENG.pdf
New What if I refuse a job? Refusal of a suitable job will result in loss of benefits;
Hampshire however, a number of things must be considered in deciding whether a job is
suitable, such as wages, distance to the job, experience or training, and length of
unemployment, among others.
New Hampshire Employment Security:
https://www.nhes.nh.gov/forms/documents/uc-r-and-o.pdf
New Jersey If a suitable job is offered to you, you must accept it. If you refuse the job, you may
be denied benefits for the week in which you refuse the job and for the next three
weeks. Because people's experience and circumstances are different, the definition
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As prepared by Ways and Means Staff 5/29/20
State COVID-19 and State UI Information: Job Refusal
of a "suitable job" varies. It depends on your skills, where you live, and your past
salary. While you are unemployed, you will look for a job similar to your last job in
terms of commute, job duties, and salary. The longer you stay unemployed, the
more flexible you'll have to be in terms of accepting a new job. For example, you
may have to travel a greater distance, accept a different type of job, or start at a
lower salary.
New Jersey Department of Labor website:
https://myunemployment.nj.gov/labor/myunemployment/help/faqs/eligibility.shtml
New Mexico In order to stay eligible for benefits, you must continue to meet the necessary
requirements from your initial claim. In addition, you must report to your local New
Mexico Workforce Connection Center when requested, and you must not refuse any
offer of suitable work.
New Mexico Workforce Connection website:
https://www.jobs.state.nm.us/gsipub/index.asp?enc=6UqHcUZuN6XXIxleG/lj2g==
New York Section 593.2 of the Unemployment Insurance Law provides for a disqualification
from benefits if a claimant, "without good cause, refuses to accept an offer of
employment for which he is reasonably fitted by training and experience, including
employment not subject to this article..."
New York Department of Labor website:
https://labor.ny.gov/ui/aso/Section_1200.htm
North Carolina If you refuse an offer for work, DES must determine if that offer was 'suitable' work
based upon information provided by you and the potential employer. If the offer is
deemed 'suitable' you may be disqualified from receiving unemployment benefits.
North Carolina Department of Employment Security website:
https://des.nc.gov/need-help/faqs/work-search-guidelines-faqs
North Dakota Individuals may lose benefits for failure to apply for, or a refusal to accept, suitable
work.
North Dakota Job Service website:
https://www.jobsnd.com/unemployment-individuals/resources-unemployment-
individuals
Ohio (ABC6 News excerpt) “State asks employers to report employees who refuse to
return to work in Ohio. The state is now asking employers to report those workers
who refuse to return to work. The Department reporting that Ohio law prohibits
people from receiving unemployment benefits if they refuse to accept employment
offers or quit without good cause. The department indicating employers need to let
them know if an employee refuses to return to work, ODJFS will decide if they are
still eligible for unemployment. For many families across Ohio this is yet another
hurdle they will have to deal with soon.”
Ohio Department of Job and Family Services website:
https://secure.jfs.ohio.gov/covid-19-fraud/
Oklahoma (Enid News and Eagle excerpt) “State encourages businesses to report workers who
refuse to return to jobs. As the state plans to begin rolling back its measures
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State COVID-19 and State UI Information: Job Refusal
intended to fight the spread of COVID-19 on Friday, it is urging employers to report
workers who refuse to return to work to the state’s unemployment agency to
terminate their benefits, the head of the state’s secretary of commerce said.
Oklahoma Secretary of Commerce and Workforce Development Sean Kouplen said
during a series of video meetings with businesses Wednesday that workers who are
receiving unemployment benefits can lose those funds if they refuse a job offer from
their former employer as the state begins to reopen.
“Obviously, if somebody turns down employment, then what will happen is, if the
company chooses to call OESC (Oklahoma Employment Security Commission) and let
them know, then that individual’s unemployment benefits will stop,” Kouplen said.
“The individual has a right to appeal that based on, for example, a health concern.”
https://www.enidnews.com/virus/state-encourages-businesses-to-report-workers-who-
refuse-to-return-to-jobs/article_de9cc4de-323c-53bf-8947-1b2a557bd4b3.html
Oklahoma Secretary of Commerce and Workforce Development:
https://oesc.ok.gov/
Oregon If you have an opportunity to perform suitable work but you either decline the work
or do not report for work due to illness, injury, or other temporary incapacity, you
are not considered available for work and you may not receive benefits for that
week. https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm
OED’s new rule provides exceptions to unemployment eligibility rules that would
generally disqualify applicants from entitlement to unemployment benefits. A
person who quits, is discharged, fails to timely apply for work, or fails to accept an
offer for work, is not disqualified from unemployment benefits if those actions were
taken due to “COVID-19 related situations.”
Oregon Employment Department website:
https://www.oregon.gov/employ/Unemployment/Pages/UI-FAQ.aspx
Pennsylvania Section 402(a) of Pennsylvania Unemployment Compensation Law provides, in part,
that an employee shall be ineligible for compensation for any week in which their
unemployment is due to failure, without good cause, to accept suitable work;
provided that the employer who offers the work notifies the department of the
refusal within seven days from when the offer is made.
The department has created a new form, UC-1921W, so employers can notify the
department that suitable work was refused. The form can be saved, printed, and
submitted directly to the department online. Be an active partner in helping to
improve the integrity of unemployment compensation payments. Notify the
department within seven days of the offer by submitting the form, UC-1921W,
online. If you prefer to send the form via facsimile, please complete, print, and fax
the form with any additional documentation to UIAS at 717-772-0378.
Pennsylvania Office of Unemployment Compensation website:
https://www.uc.pa.gov/forms/Pages/UC-1921W-Refusal-of-Suitable-Work.aspx
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State COVID-19 and State UI Information: Job Refusal
Rhode Island The Return to Work Form is to be mailed to the Unemployment Insurance Service
Center when a claimant returns to work full time. This form notifies the department
of the start date, employer name and address where the claimant began working. It
also provides a written request for any outstanding benefits to which the claimant
may be entitled.
Rhode Island Department of Labor and Training website:
http://www.dlt.ri.gov/ui/Return2Wrk.htm
South Carolina (ABC4 News excerpt) COLUMBIA, S.C. (WCIV) —If someone drawing unemployment
benefits refuses a job offer, South Carolina business owners are encouraged to
report that person to the state's Dept. of Workforce and Employment. ... Otherwise,
employees cannot refuse an offer for work without good cause, DEW officials say.
https://abcnews4.com/news/local/businesses-urged-to-report-people-refusing-job-
offers-amid-covid-19-unemployment-crisis
South Carolina Department of Employment and Workforce website:
https://dew.sc.gov/individuals
South Dakota Refusal to Return to Work
Workers who have been placed on a temporary layoff related to COVID-19 but
refuse to return to work when recalled by their employer will lose unemployment
benefits, except for certain circumstances.
These exceptions include the following and may require documentation:
If you have been diagnosed with COVID-19 and are experiencing symptoms
If you have recovered but it caused medical complications making you unable to
perform essential job duties
If a member of your household has been diagnosed with COVID-19
If you are providing care for a member of your household who was diagnosed with
COVID-19
If you do not have childcare due to COVID-19 reasons
If you do not have transportation to your place of work because of COVID-19
NOTE: Being uncomfortable about returning to work when recalled is not an
acceptable circumstance to decline work.
Not returning to work when there is available work could be considered a “refusal of
work” or “voluntary quit” and potentially disqualify claimants from receiving
reemployment assistance (unemployment insurance) benefits, including the Federal
Pandemic Unemployment Compensation benefit of $600/weekly.
South Dakota Department of Labor and Regulation website:
https://dlr.sd.gov/ra/individuals/refusal_to_work.aspx
Tennessee Unemployment Claimants Required to Accept Work Offers or Face Disqualification
The Tennessee Department of Labor and Workforce Development today announced
claimants who refuse to accept a suitable offer of employment will be disqualified
from receiving unemployment benefits. Recent changes to Employment Security Law
redefine what is considered suitable and revise the standard based on the length of
time unemployment benefits are received. If the Agency finds a claimant has refused
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As prepared by Ways and Means Staff 5/29/20
State COVID-19 and State UI Information: Job Refusal
otherwise suitable work based solely upon the rate of pay, then his claim is stopped
for refusing such work.
Tennessee Department of Labor and Workforce Development website:
https://www.tn.gov/news/2012/10/4/unemployment-claimants-required-to-accept-
work-offers-or-face-disqualificat.html
Texas Texas, issued guidance to clarify that individuals receiving unemployment may not
turn down a job unless they have a COVID-19 related reason:
• At High Risk – People 65 years or older are at a higher risk for getting very
sick from COVID-19
• Household member at high risk – People 65 years or older are at a higher
risk of getting very sick from COVID-19
• Diagnosed with COVID - The individual has tested positive for COVID-19
by a source authorized by the State of Texas.
• Family member with COVID - anybody in the household has tested
positive for COVID-19 by a source authorized by the State of Texas and is
not recovered and 14 days have not yet passed.
• Quarantined – Individual is in 14-day quarantine due to close contact
exposure to COVID-19.
• Child care – Child’s school or daycare closed.
Texas Workforce Commission website:
https://www.twc.texas.gov/texas-workforce-commission-issues-guidance-
unemployment-claimants
Utah (KSL.com News excerpt) “Unemployment payments will end if you reject suitable job
offer SALT LAKE CITY — The Utah Department of Workforce Services warned that
Utahns receiving unemployment benefits will risk losing weekly payments if they
refuse suitable offers to return to work.
Record numbers of workers have filed for unemployment as they’re been laid off
from their jobs due to the coronavirus slowdown. “If an individual fails to disclose
the refusal of an offer of suitable work, that individual may be required to pay back
benefits received and face possible prosecution for fraud,” officials from Workforce
Services said in a statement.
The department reminded that refusing a suitable job offer could be the same as
quitting a job, and that would make an individual ineligible for unemployment
benefits. Employers must clearly communicate the offer for suitable work, the
department said. If the offer is declined, the employer should submit a report to
jobs.utah.gov/ui/home/Fraud/FraudForm.”
https://www.ksl.com/article/46747396/unemployment-payments-will-end-if-you-
reject-suitable-job-offer
Utah Department of Workforce Services website:
https://jobs.utah.gov/department/press/2020/043020a.html
Vermont Refusal to Return to Work: COVID-19
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State COVID-19 and State UI Information: Job Refusal
The Department of Labor reminds unemployment claimants who have been placed
on temporary layoff or furlough related to COVID-19 that they must return to work if
called back by their employer. Refusal to return to work, when being offered the
normal rate of pay and number of hours per week, may result in the termination of
unemployment benefits and the need to repay certain benefits.
Action for Employers
If you are an employer that has offered regular work, at the same number of hours
and rate of pay that they were working prior to COVID-19, to an employee that was
temporarily laid-off or furloughed, and the employee has refused to return to work,
you MUST report this activity to the Department of Labor.
Employers can submit a report of refusal to work by completing the online form,
found here at https://labor.vermont.gov/form/refusal-work-fraud-report
Vermont Department of Labor website:
https://labor.vermont.gov/unemployment-insurance/refusal-return-work-covid-19
Virginia If you refuse a job offer, you will be contacted by the VEC to provide additional
information. ... If you fail, without good cause, to apply for suitable work when
referred by the VEC or accept suitable work when offered, you may be disqualified
starting with the first day of the week in which such refusal occurred.
Virginia Employment Commission website:
https://www.vec.virginia.gov/faqs/general-unemployment-insurance-questions
Washington Q. Can someone refuse a job and continue to collect unemployment benefits?
A. Claimants need to actively pursue suitable work to continue collecting
unemployment benefits and must report any job refusal while collecting benefits.
Suitable work is defined as work that is consistent with an individual's prior
experience, education and training, along with other considerations such as distance
to available work. If the refusal was for a suitable job, then benefits may be denied.
Washington Employment Security Department website:
https://esd.wa.gov/about-employees/general-employers-FAQ
West Virginia WORKFORCE WEST VIRGINIA REMINDS PUBLIC OF ACTIONS THAT CAN AFFECT
ELIGIBILITY FOR UNEMPLOYMENT BENEFITS If an unemployed person is offered a
comparable job with comparable wages and hours to their previous job but refuses
to accept the offer, they will be disqualified from receiving benefits.
Workforce West Virginia website:
https://workforcewv.org/workforce/entry/workforce-west-virginia-reminds-public-
of-actions-that-can-affect-eligibility-for-unemployment-benefits
Wisconsin Refused Work
Section 108.04(8) & (9)(b)
This section applies when a claimant fails to accept an offer of work which is made
by a prospective employer. It also may apply when a claimant is recalled to work by
a former employer but does not receive the notice of recall.
The job offer must be a bona fide attempt to secure the claimant's services. In most
cases, it is an unconditional offer of work that the claimant has the opportunity to
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State COVID-19 and State UI Information: Job Refusal
accept or reject and all the specifics of the job (wages, hours, duties and other
conditions) must be explained or available to the claimant simply by requesting
them of you. Benefits, by law, cannot be denied for refusing new work if the wages,
hours or other conditions are less favorable than those prevailing for similar work in
the locality.
The claimant may have "good cause" for refusing a job. If so, and the claimant is able
to work and available for suitable work in his/her labor market, benefits would be
allowed. If a claimant refuses an offer of work from you or fails to return to work for
you after being duly recalled, notify the department immediately, providing:
the claimant's name and social security number;
the type of work offered;
the rate of pay, the hours (or shift);
the date on which the refusal occurred;
the date on which the claimant could have begun work; and
the reason the claimant gave, if any, for refusing the work offered.
Wisconsin Department of Workforce Development website:
https://dwd.wisconsin.gov/ui201/b7201.htm#refused_work
Wyoming Unemployment claimants called back must accept work to remain eligible for
benefits CHEYENNE - Unemployment claimants called back must accept work, the
Department of Workforce Services (DWS) reminds unemployment claimants. To
remain eligible for unemployment benefits, federal law requires that those who
have been placed on a temporary layoff related to the COVID-19 pandemic must
return to work if called back.
Not returning to work when there is available work could be considered a "refusal of
work" and could potentially disqualify claimants from receiving unemployment
insurance benefits. Businesses may report this activity by reporting fraud here.
DWS advises that claimants called back to work should not cancel their
unemployment claims but instead leave their claim open and do not file a weekly
payment. However, if a claimant is called back but only working reduced hours, they
may continue to file a weekly request for payment and must report all gross earnings
for the week to possibly receive a partial benefit. The CARES Act specifically provides
for serious legal consequences for fraudulent cases. Individuals are responsible for
paying back benefits deemed as overpayments due to ineligibility.
Wyoming Department of Worforce Services website:
http://www.wyomingworkforce.org/news/2020-04-16/
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