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Offered a job but the hours were less than 20 hours a week , will my benefits be denied?

by Tony
(Las Vegas, NV)

I live in Nevada and was offered a job on the pretense that I would be getting 4-5 shifts per week. The day I start I find out it would be 2 shifts and 1 or 2 on call shifts that they 90% never call you in. I decided not to take the job, but this happened in the middle of the last week and I never stopped my active work search so I didnt see a need to stop my benefits, however how will the state verify if I refused the job? And will I lose my benefits ? As per the paperwork desrcibing "suitable work" in Nevada, it would have been a gross wage less than my weekly benefit amount. But the other two stipulations say that "suitable work" includes "any job which : (1) is within your capabilities to perform; (2) pays a gross wage exceeding your weekly benfit amount;(3) pays not less than the State or Federal minimum wage, whichever is greater.

So would I go ahead and report that I refused work? Or should I just treat it as a contact that never resulted from anything. Im not getting a check from the employer but I did fill out paperwork to start the job such as tax forms and I-9 form etc. But as I said the hours turned out to be much less than would pay more than my weekly benefit amount. How do I move forward with this? I dont want to lose my benefits because of this since I have been very active in still seeking employment.

Hi Tony,

A state can verify in a few different ways. First, they often find out someone worked when an employer pays their taxes.

Also most employers are required to "report new hires" Not only do many states have this in place .. the federal government also has one .. this is one way fraud is found.

Need to set you straight about something though .. although suitable work is determined by looking at your prior experience, training and pay .. it is not determined by the number of shifts you will be getting if the work itself is suitable. Earning more than what you make on unemployment is a non-factor and would be a disqualifying reason to not accept a job.

This is because if you make less per week than your unemployment benefit .. you can collect a partial benefit amount to make up the difference .. and you could actually earn a bit more because most states first disregard a certain amount of your earnings before they start reducing your WBA dollar for dollar.

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Dec 02, 2009
by: Tony

So would you recommend that I report the refusal myself and explain the situation to them ?

I cannot make that call for you Tony. I'm unwilling to accept the responsibility because either way you go .. a problem could arise that would effect your benefits.

Dec 01, 2009
So what do I do?
by: Tony

So how should I report it on my SEB Form then? Do I say I refused work ? I don't want to lose my benefits but I also don't want to be accused of fraud ?

Was the work suitable to your prior training and experience?

It was a refusal of work, if you didn't work for them .. and it will raise a flag for the state .. they usually investigate the reason for refusal ..

You are right you do not want a fraud issue or more likely an overpayment, so the best thing you can do is read what Nevada has to say about refusal of suitable work first.

If you hadn't filled out the paperwork I wouldn't be as concerned for you, but there is that unknown factor of when and even if an employer would report you as a new hire if you didn't actually work.

I think the one thing you did relate that may have some bearing and possibly some usefulness is that when you accepted the job you were promised a certain number of shifts, but you said that you somehow became aware that those were not the actual conditions of employment.

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