Questions from employers about returning to work
If you have asked your employee to return to work and they have refused, you have options. We understand the sensitivity of this subject and hope it brings clarity to a situation you might be facing as an employer.
Q. I provided an offer to return to work to an employee who is refusing to return. What should I do?
A: Individuals generally do not have the option to choose between receiving unemployment benefits or an offer to return to suitable work from their employer. Individuals must have a good cause reason not to accept suitable work in order to continue receiving unemployment benefits or Pandemic Unemployment Assistance under the federal CARES Act.
Good cause reasons an employee may refuse work and continue to collect unemployment include: Being sick with COVID-19 or taking care of a household member who is sick with COVID-19. If your employee has to stay home to take care of a young child because their school or daycare is closed, they could also have good cause to refuse to come back to work. Also, if you have substantially changed the job they are coming back to, such as you significantly cut their pay or moved the job location a significant distance away, they may refuse that work and continue to collect benefits.
When an employee files a new or reopened unemployment benefit claim, you will be notified and can dispute the employee’s claim to have been laid off through no fault of their own. You can appeal a decision by the Employment Security Department to provide unemployment benefits to a worker.
Q. How do I report someone who has refused to return to work and is continuing to collect unemployment?
A: Anyone filing weekly claims must truthfully attest as to whether they received an offer to return to work. When they notify the Department that they received an offer to return to work, we will contact you (their employer) as part of fact finding to determine continued unemployment benefit eligibility. You may also proactively contact the Department you’ve offered the opportunity to return to work but the employee has refused. Report work refusal issues in your eServices account, or by sending the information to the claims center.
Q. What are the consequences for individuals who do not truthfully report when they are not able to and available for work, refuse an offer of work, or receive earnings when they file weekly claims?
A: Individuals must truthfully report when they are not able to and available for work, whether they were offered employment, and any earnings when filing weekly claims. Breaking the rules, such as intentionally failing to report correct work and earnings or the reason for separation, can result in a denial of benefits, as well as an overpayment, and penalties that the Department will collect. Such actions may even result in criminal prosecution.
Fraud is knowingly withholding information about a claim. Individuals that refuse an offer of work and fail to report that they refused an offer of work on their weekly claims may be denied benefits and assessed an additional penalty for fraud.
This information comes from the Office of the Governor’s website and text is public domain.