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Employer says no chance of rehire if he applies for UC benefits

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swalsh411

Senior Member
What is the name of your state (only U.S. law)? Virginia

My brother has worked full-time for a company near Richnmond in a clerical capacity since 2006. He was let go this week, along with a few others, due to downsizing.

He was told during his exit interview that he could be possibly be rehired if business picked backed up but if he applied for unemployment benefits they wouldn't even consider it.

He thinks this is illegal but I'm not sure. It's certainly abhorrent but I don't know of a law that says an employer can't do it. I'm advising to apply anyway because a bird in the hand is worth two in the bush so to speak.

I know a thing or two about unemployment but this is a new one to me. Is this legal? Thanks.
 


commentator

Senior Member
Yes, he most certainly should apply for unemployment benefits. This creepy company may never rehire him anyway, they may go out of business; they are underhanded and very uninformed anyway.

He should, in addition to filing for benefits, go to extra lengths to inform the department of labor or whomever administers the unemployment insurance system in your state of what the company said to him. I'd say the best way to do this would be a letter to the commissioner's office, separate from his own filing for benefits. Of course when he files, he will explain that he was downsized, or laid off and that he was told that if he does sign up for unemployment benefits he would not be recalled. So in other words, he was threatened and coerced to refuse benefits that are his by right of law.

Don't know what the follow up would be in VA, but in my state, we have a legal section which notifies employers that they are under scrutiny and may be subject to sanctions for violating unemployment law. They do not report who turned them in, either. Threatening no rehire if you sign up on unemployment is not only illegal, but the employer is required to have posters up informing employees of their right to unemployment insurance if they are out of work by the decision of the company, not of their own volition.

That said, of course, he certainly won't be recalled if he does sign up for benefits, but then, as I said, he very well may never be recalled anyhow. Refusing many thousand dollars now while he is not working on the off chance that his illegal, cheap, dishonest employer may remain in business and may call him back is not worth it.

I worked with unemployment tax collection for a time, and I used to be amazed at the number of otherwise savvy business people who honestly thought they could "shame" their employees out of filing for benefits, or threaten them against filing. ("I'll ruin you so you'll never work again!")
If things were they way they wanted, we'd all be working for them free!
 

Beth3

Senior Member
They can refuse to rehire him for any lawful reason. Refusing to rehire him for claiming UC benefits is legal. Since there's absolutely no way to know whether and when they will have work available - and if they do, whether they'd rehire him irregardless - I suggest your brother file for UC benefits immediately and start looking for work elsewhere. This company's position on this is abhorrent and ridiculous - he's much better off finding a new place to work.
 

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