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Am I eligible to collect unemployment benefits if I refuse an offer of work from a new owner?

by Stephanie
(NY )

My current employer has sold the nursing home I work in. So I will be laid off by my current company. If the new owners offer me a job that I do not want and I turn it down will I still be eligible to receive benefits?




It depends on whether the offer of work after the lay off would be for suitable work.

Refusing a job offer from a new employer, even after your old employer lays you off for a lack of work (normally making you eligible through no fault of your own) is raising a conditional issue which affects your ability to collect on what was at first a valid reason to collect .. a lack of work.

Unemployment isn't exactly what I'd call rocket science once you understand the point of being allowed to collect is so you can conduct a bona fide .. and documented search for new work.

A possible explanation that might explain why the the old employer, or the new employer would protest your benefits has to do with SUTAs (State unemployment tax accounts) All employers should have one as they are expected to pay the premiums (unemployment tax) into the accounts to help cover the payment of benefits when the fault for the claim is found to be the employers.

Sometimes when a business is sold, the SUTA and it's experience tax rating goes with the business.

And sometimes businesses are sold for the purpose of dumping the SUTA .. that's why SUTA Dumping is now against the law.

This is likely way more information than you need to understand why you should know the issue you face by refusing that job is whether it is suitable work for you .. and if not .. you need to be able to explain to the NYDOL's satisfaction what in particular makes it unsuitable.

And I am personally over having to explain to individuals .. that they must be careful when making these decisions .. because the DO NOT PAY for their entitlement to benefits.

UI is basically a hidden cost to employees about the cost of employing employees and if you only knew this .. the reason employers tend to fight benefits tooth and nail is paid unemployment claims force their UI tax rate up to cover their portion of paid claims.

But this doesn't mean an employer is always right to fight.

I'm just trying to explain to you, why an employer has a legitimate right to be concerned about the amount of premium going to the state to pay for benefits and therefore, should put you on guard against causing your own denial .. with a bad choice that didn't first consider the impact to you possibility of collecting benefits.

NY Interpretation Index - Refusal of Work (Section 1200)

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