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Force previously fired employee to resume positiony

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jared eitnier

Junior Member
If my old employer (who fired me for performance reasons 4 months ago) offered me my old position back would I have to accept it? I'm currently collecting unemployment from them.

If I didn't accept the position would they be able to contest my unemployment going forward? The working conditions are terrible and extremely unorganized, his whole family works there and gets special treatment, it's an awful place to work.

What would my options be in this situation? My state is pa
 
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cbg

I'm a Northern Girl
Without knowing more details it's impossible to say for certain, but in the very large majority of cases if you are offered your job back and you turn it down, you will no longer qualify for unemployment. In every state.
 

commentator

Senior Member
No. I'll take this the exact opposite pole on this one. No you do not have to accept your old job back. When you were terminated, by their choice, the relationship was severed.

After they have gone through the initial appeals process, and possibly the appeals hearing, and enough time has passed, they cannot reopen your approval and protest it any further. What they may do is try to question your on-going eligibility or whether you have refused suitable offers of work. The thing is, they, the separating employer is not going to be considered suitable work any more since they fired you. They didn't lay you off with potential for recall, they fired you. They, by their choice, severed the employee/employer relationship between you. Now, of course they are being penalized for this termination, since you are drawing benefits from their account. So they have quite a vested interest in getting you back into the labor force and off the unemployment benefits.

And they certainly can report to the system that they offered you your old job back. They certainly will do so. So be sure that you also report this offer of work to your unemployment system and get them to do a decision on whether or not it was a legitimate offer of work. You don't have a choice on this matter. They have probably already reported this offer. You must report it to the state as well. You will not get away with not doing so.

But when you report it to the UI system, you will by my experience and judgment ( and PLEASE, come back on here and tell us if this is not the case, since we seem to have some disagreement ) not be going to be required to take the job back. Be sure you point out to the unemployment system that this is the terminating employer, not just anybody else offering you a job. You don't want them to miss that part, and sometimes they aren't very good at noticing things.
 
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cbg

I'm a Northern Girl
I posted this before reading commentator's explanation in the other similar thread. I bow to her experience in most UI situations. I'm still not 100% convinced, however, that in these days of understaffed, undertrained, underfunded and overextended UI systems that the same standards will be in place as she is accustomed to.
 

csi7

Senior Member
I do know that when the employee collecting benefits stays calm, professional, and patient that often the unemployment compensation office is able to resolve this issue within the time frame.

I was diverted to four separate unemployment compensation offices in Florida when a congressional inquiry was sent by someone, and all four offices stated the same facts. I hope you get the results as commentator stated because that is the way the system is supposed to work.
 

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