Do I have to accept a job making less money or lose unemployment

by John

(Florida Unemployment Benefits)

Do I have to accept a job making less money or lose unemployment?

I have been working in the construction field in Florida for the past 8 years. Now due to the slow down in the economy, I am LAYED-OFF from my job since the end of April. I do believe I will be called back, not sure when exactly. But do I have to accept a lower paying job or risk losing my unemployment?

Answer

Dear John,

The unemployment issue you want to know about is Suitable Work and when or if you can refuse work because it is deemed not suitable by the AWI.

Good question though, considering the AWI can’t keep up with reporting their own changes, nor can the USDOL keep up with the changes being made in all states let alone changes to Florida unemployment laws .. and given the fact that I’m certain one cost-saving measure is probably intentional under informing of citizens so they make mistakes which allows denials .. I advise to tread carefully until you know you have the damn current rule.

I read something recently that is very relative to your particular question, but of course I can’t find it now because I don’t know what the bill # was.

I recall the proposed change was something along these lines. After 12 weeks of collecting benefits suitable offered work that paid 80 percent of your previous earnings was suitable on that score of what you receive as pay.

Can refusing what FL determines to be suitable work stop you from collecting further benefits.

Damn right it can.

So I tried to find the a current rule.

This is how the rule regarding refusal of suitable work based on pay reads at the Florida Administrative Weekly.

60BB-3.019 Determinations Regarding Suitable Work.
In addition to the standards listed in Section 443.101(2), F.S., the following criteria will apply. Generally, work will not be considered suitable during the first 60 days a claimant is unemployed if the work:
(1) Pays less than 90% of the claimant’s average weekly wage during the base period; or
(2) Would require a material change in occupation for the claimant.
Specific Authority 443.1317(1)(b) FS. Law Implemented 443.091(1), 443.101(2) FS. History–New 8-25-92, Formerly 38B-3.019, Amended 8-14-08.

But that says the last time it was amended was 2008. I’m not willing to trust that there hasn’t been a change .. because the way FL’s AWI has been working is .. ineffectively.

Maybe you should try that “hotline” (at the first link) and ask them and then come back an tell me and anyone else that pops in because they are asking the same question.

Chris