Can I Refuse a Job Offer and Still Collect Unemployment Insurance (UI) Benefits?

This article will guide you through the basics of eligibility for unemployment, including how unemployment insurance agencies determine whether a job is "suitable." It also explains the potential impact on your unemployment benefits claim if you turn down a job offer.

Who Is Eligible for Unemployment Benefits?

Eligibility for unemployment insurance benefits (UI benefits) varies in each state. But, state law generally has two preliminary requirements for claiming unemployment benefits:

• You have the ability to work
• You are available for work

If you have the ability and availability to work, you are part of the labor force. If your unemployment is due to a lack of work (rather than your ability or availability), you are probably eligible for UI benefits.

How Do I File for Unemployment Insurance Benefits?

The U.S. Department of Labor (DOL) provides unemployment insurance programs to eligible employees. The unemployment benefits program is a collaborative effort between the state and the federal government. It provides unemployment compensation to eligible employees. Although each state manages its own unemployment insurance program, they all follow the guidelines set by the federal government.

To receive benefits, you should submit an unemployment claim in the state of your employment. The specific method of filing an unemployment insurance claim may vary in each state. It can include processes of filing the claim in person, by phone, or online.

If you worked in a state other than your current residence, or if you worked in various states, the unemployment insurance agency in the current state of your employment can provide guidance on how to submit your claim with the other states.

When filing your claim, you have to provide specific details. This may include the date and address of your former employer or previous employment. Ensure you provide accurate and complete information to avoid delays in processing your claim.

It often takes around two to three weeks from the time you submit your claim to the time you receive your first benefits payment.

How Do You Stay Eligible for Unemployment Insurance Claims?

To stay eligible for your weekly benefit amount, state law generally requires you to do the following:

• Submit biweekly or weekly claims either through mail or phone
• Be ready and available to work
• Be proactive with your job search
• Report any income earned during the week
• Attend meetings at your local unemployment insurance claims office or American Job Center
• Register with your State Employment Service to aid with your work search

Check with your local unemployment agency to confirm the state unemployment eligibility requirements where you live.

What Disqualifies You From Receiving Unemployment Benefits?

Other than meeting the qualifications to receive UI benefits, you should also be free from disqualification. The purpose of these laws is to limit the distribution of benefits payments to eligible unemployed employees.

Some of the factors for disqualification for unemployment benefits claims include:

• Quitting work voluntarily without good cause
• Being discharged from work because of misconduct related to work
• Unemployment caused by a labor dispute, such as a strike
• Refusal of work or refusal to accept suitable work

Note that each state may also have specific criteria for disqualification for unemployment benefits. For instance, in California, the Employment Development Department must show that:

• There is work available for employment
• The employer sent an offer of work
• The claimant received the offer
• The work is suitable for the claimant

In each state, claimants must receive notice of determination containing the denial of the claim and have the right to challenge the decision.

What Qualifies as 'Suitable Employment' When Assessing Unemployment Benefits?

Federal law does not clearly define “suitable employment." However, when assessing if the new job fits the person's qualifications, government agencies typically look at the following factors:

• Physical fitness of the person
• Prior earnings, prior training, and experience of the person
• Length of unemployment
• Likelihood of obtaining employment in their usual field locally
• The person's safety, health, and morals
• Degree of risk involved in the new job
• The length of the commute from a place of work to a home
• Other factors that would influence a person's circumstances

If the job you were offered doesn’t match up with one or more of these factors, you might be able to turn it down and still receive UI benefits.

What if I Refuse To Accept a Job Offer?

Refusing to accept a suitable work offer or not proceeding with a job application without valid cause may lead to disqualification for unemployment benefits.

The Department of Labor’s Office of Unemployment Insurance considers three general factors when deciding whether to deny the application for unemployment benefits:

1. A Bona Fide Offer or Referral To Work

Adjudicators use two questions to assess this. First, was there an actual offer to work? Second, was the offer to work effectively communicated to the job seeker? If there were no actual offers of work, no issue exists. It is not necessary to do fact-finding.

2. Suitability of the Job Offered

Adjudicators assess job suitability based on the claimant's skills, experience, training, and capabilities.

3. Justifiable Cause for Refusal

If the job was suitable, adjudicators would look at any denial or objections by the claimant. They conduct an assessment to determine the legitimate reasons for the denial.

For the claimant to establish a good cause, they should show that they reasonably attempted to prevent these restrictions. Some personal reasons for denial of job offer includes lack of childcare or transportation, illness, or hospitalization.

If the claimant's reason for refusal of work is job-related, adjudicators also assess these factors. Job-related factors include the type of work offered, the length of unemployment by the claimant, prior working conditions, prior earnings, availability for work, and possibility of other employment.

Seek Legal Advice from an Employment Attorney

If you turned down a job offer and are wondering about the impact on your unemployment benefits claim, remember that each state law may vary when it comes to assessing unemployment benefits claims.

If you are unsure about the next steps you have to take, seek legal advice from an employment attorney. FindLaw offers a directory of employment attorneys in every state. There, you can find contact information and reviews of attorneys in your area. They can give you personalized guidance and help you make an informed decision about your employment claims.