Can you loose unemployment benefits if you refuse a temporary job from a company that has fired you twice?

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Can you loose unemployment benefits if you refuse a temporary job from a company that has fired you twice?

Approximately 1 year ago, my company laid me off with the promise of part time work, so I went on unemployment. Then I did get some part-time hours from the company until they finally terminated my employment. Then 6 months later they offered me temp work for 2 days. I refused, and the company told unemployment about it. Now they are denying benefits. Is this legal?

Asked on November 20, 2010 under Employment Labor Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The usual mantra of the unemployment system is that you must always be "ready, willing and able" to work.  Benefits are for the involuntarily unemployed.  Emphasis on "involuntarily."  Generally speaking if you refuse work without "good cause" then you can indeed be disqualified from receiving benefits.  Although the factors to be determined may differ from state to state (and it is always good to check with an attorney in your area on this),  in order to find a worker disqualified to receive unemployment benefits for refusing an offer of work, several points must be decided:

  1. Was a definite offer made?
  2. Was the work available?
  3. Was the offer clearly communicated to the worker?
  4. Was the work suitable?
  5. Did the worker have good cause for refusing?

Get help here if you think you can fight this determination and win.  Good luck.


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