Can I be disqualified for unemployment benefits because I refused a job offer prior to applying for benefits?

UPDATED: Sep 14, 2012

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Can I be disqualified for unemployment benefits because I refused a job offer prior to applying for benefits?

In fact, I refused the job before the date my current position was scheduled to be eliminated.

Asked on September 14, 2012 under Employment Labor Law, Nevada


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

Answered 10 years ago | Contributor

Under Nevada Law, individuals who are considered out of work "through no fault of their own" may be eligible to receive unemployment insurance benefits.  Now, you can not refuse a job for personal reasons - such as no child care - and why you refused the job is important.  According to the Nevada unemployment division: "A person must accept an offer of suitable employment when made and must go on referrals to suitable work as directed by this Division.  Suitable work is defined as work which the individual customarily performs and that pays the prevailing (average) wage for that type of work in the area that the work is being performed.  Individuals who have held a job for a long time and then find themselves unemployed may have difficulty with this provision, as their wages likely exceeded the average wage paid for that type of work.  Unemployment Insurance is that, an insurance designed to prevent excessive financial hardship while the worker secures a job with another employer.  It is not designed to allow an individual to refuse lower-paying positions until he secures a job with 100% wage replacement."  So more information is needed here.  The fact that you refused before you were actually unemployed could have a bearing but again, more information is needed.  Did you know you were being let go?  Is the job offered not in your line of work at all?  I would apply. See what happens. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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