• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

possible new job?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Pross001

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

Obviously, I assume that I don't have to take the first job that is offered to me when I am on unemployment. What are the considerations I am allowed to cite to the unemployment department if I chose to refuse a job offer? This is because I recently applied for a job without truly considering how long the commute would be. Can I cite too long of a commute as a reason if I do not feel the job is right? The commute would be at least an hour and a half, and I own an older vehicle.

However, I was thinking it may still be worth it, if there is enough money to be made there. But, I wont find that out until later this week.
 


sandyclaus

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

Obviously, I assume that I don't have to take the first job that is offered to me when I am on unemployment. What are the considerations I am allowed to cite to the unemployment department if I chose to refuse a job offer? This is because I recently applied for a job without truly considering how long the commute would be. Can I cite too long of a commute as a reason if I do not feel the job is right? The commute would be at least an hour and a half, and I own an older vehicle.

However, I was thinking it may still be worth it, if there is enough money to be made there. But, I wont find that out until later this week.
As you are probably aware, one of the questions on the majority of unemployment re-certification forms you have to send in will be "Did you REFUSE any work?" If you plan to refuse, you'd better have a darn good reason for it.

Yes, an unreasonably long commute MIGHT be a good enough reason (but not if it had been a different job you would have taken under different circumstances). If your vehicle is poorly maintained and likely to break down, then that could be justification for refusing the job based on travel distance. However, if there is an alternate method of transportation you can use at least occasionally, then that reason goes right out the window.

Definitely "if the job isn't right" won't be a good enough reason. Why do you feel it's "not right"?

Understand that ANY affirmative answers to such red flag questions may potentially delay your unemployment benefits, in order to allow the department staff to contact you directly to inquire as to your reasons and make the determination as to whether they are good enough or not.
 

OHRoadwarrior

Senior Member
How is it that you were offered this job? Was this considered a regular contact? It appears it was suitable as a means to claim as a job contact, yet you had no intention of taking it if offered. They might consider that a reason to deny, even if they don't on the initial rejection.
 

commentator

Senior Member
I don't know where you got the idea that you can righteously assume you don't have to take the first job that is offered to you while you are on unemployment insurance. That's sort of like thinking you can't get pregnant the first time you have sex. You don't get a freebie.

If you don't want the job, don't apply for it. If you apply for it, and they call you up and actually OFFER the job to you, then you have to report it. If you don't, they probably will report it to the unemployment system that you have refused work. There are in most states and in most cases a system where anyone who turns down a job is reported, and their social security number is checked to see whether they are receiving unemployment insurance or some form of public assistance anyhow. And if you have reported that you refused the job, and the reason you refused the job, you're that much further ahead. Remember, you don't have to refuse to go to the job interview, you are considered to have refused a job only if they have offered the job to you.

And when you are being interviewed for the job, and you mention that being a long commute from where you live may be a factor, sometimes they decide not to offer you the job. But if they do, and you decide to refuse it, thinking long and hard about it before you decide to do this, realizing that it might affect your benefits, then you report that yes, you were offered a job, but you refused it.

Then your benefits will stop for a few weeks, you will be called and the reason you decided to refuse the job will be discussed. And the most important factor that they will look at is "Is this an equivalent job?" In other words, if you were driving 50 miles each way to the job you're laid off from, and you turn down another job saying it's too far to commute, you're screwed as far as unemployment benefits are concerned. There is the concept of we don't ask people to worsen themselves. we don't ask you to accept, especially at the beginning of your claim, when you have just begun your worksearch, we don't ask you to take the first low wage job outside your area that you can lay hold of.

You are given some time to look for jobs that are equivalent to the job you lost in the first place. They'll issue a decision about whether they considered this an equivalent job any time you report you were offered a job. If you don't report it, and they find out about it later, then they'll take away all benefits you received after the job was offered, and probably cut you off anyhow. Do it honestly and according to the program. Report all jobs you are offered. DO NOT apply for jobs you are sure you don't want and wouldn't accept if you were offered them, even if you are required to make a worksearch and report where you've been.

As time goes on, the definition of "equivalent" declines somewhat. In fact, by the time you run out of regular benefits and are on extensions, you pretty much are expected to take anything you can find.

But if you have some good prospects of finding a job that is closer to your home, and they actuallycall you up and offer you this job that is far away, and you don't think it's going to be worth it to drive this much further for the job, you're sure you can find something closer, you may get away with refusing it, especially in the beginning of your claim. If you were making $10 an hour, you can't now turn down a job that pays $11 an hour because you don't think it pays enough. In fact, jobs that pay $9 an hour may be considered appropriate if you've been out of work for any period of time.

Unemploment is finite, it ends. the right job, within the right commuting distance may not be there just at the moment you run out of benefits. You have to consider all this every time you are offered a job.
 
Last edited:

Pross001

Member
As you are probably aware, one of the questions on the majority of unemployment re-certification forms you have to send in will be "Did you REFUSE any work?" If you plan to refuse, you'd better have a darn good reason for it.

Yes, an unreasonably long commute MIGHT be a good enough reason (but not if it had been a different job you would have taken under different circumstances). If your vehicle is poorly maintained and likely to break down, then that could be justification for refusing the job based on travel distance. However, if there is an alternate method of transportation you can use at least occasionally, then that reason goes right out the window.

Definitely "if the job isn't right" won't be a good enough reason. Why do you feel it's "not right"?

Understand that ANY affirmative answers to such red flag questions may potentially delay your unemployment benefits, in order to allow the department staff to contact you directly to inquire as to your reasons and make the determination as to whether they are good enough or not.
If I am offered a reasonable amount of money that would offset the distance and time issue, and it would offset the amount of possible wear and tear on my car. But basically, if I state to the unemployment department that I refused work would a justifiable reason be that the money was not right and it was too much of commute?
 

Pross001

Member
I don't know where you got the idea that you can righteously assume you don't have to take the first job that is offered to you while you are on unemployment insurance. That's sort of like thinking you can't get pregnant the first time you have sex. You don't get a freebie.

If you don't want the job, don't apply for it. If you apply for it, and they call you up and actually OFFER the job to you, then you have to report it. If you don't, they probably will report it to the unemployment system that you have refused work. There are in most states and in most cases a system where anyone who turns down a job is reported, and their social security number is checked to see whether they are receiving unemployment insurance or some form of public assistance anyhow. And if you have reported that you refused the job, and the reason you refused the job, you're that much further ahead. Remember, you don't have to refuse to go to the job interview, you are considered to have refused a job only if they have offered the job to you.

And when you are being interviewed for the job, and you mention that being a long commute from where you live may be a factor, sometimes they decide not to offer you the job. But if they do, and you decide to refuse it, thinking long and hard about it before you decide to do this, realizing that it might affect your benefits, then you report that yes, you were offered a job, but you refused it.

Then your benefits will stop for a few weeks, you will be called and the reason you decided to refuse the job will be discussed. And the most important factor that they will look at is "Is this an equivalent job?" In other words, if you were driving 50 miles each way to the job you're laid off from, and you turn down another job saying it's too far to commute, you're screwed as far as unemployment benefits are concerned. There is the concept of we don't ask people to worsen themselves. we don't ask you to accept, especially at the beginning of your claim, when you have just begun your worksearch, we don't ask you to take the first low wage job outside your area that you can lay hold of.

You are given some time to look for jobs that are equivalent to the job you lost in the first place. They'll issue a decision about whether they considered this an equivalent job any time you report you were offered a job. If you don't report it, and they find out about it later, then they'll take away all benefits you received after the job was offered, and probably cut you off anyhow. Do it honestly and according to the program. Report all jobs you are offered. DO NOT apply for jobs you are sure you don't want and wouldn't accept if you were offered them, even if you are required to make a worksearch and report where you've been.

As time goes on, the definition of "equivalent" declines somewhat. In fact, by the time you run out of regular benefits and are on extensions, you pretty much are expected to take anything you can find.

But if you have some good prospects of finding a job that is closer to your home, and they actuallycall you up and offer you this job that is far away, and you don't think it's going to be worth it to drive this much further for the job, you're sure you can find something closer, you may get away with refusing it, especially in the beginning of your claim. If you were making $10 an hour, you can't now turn down a job that pays $11 an hour because you don't think it pays enough. In fact, jobs that pay $9 an hour may be considered appropriate if you've been out of work for any period of time.

Unemploment is finite, it ends. the right job, within the right commuting distance may not be there just at the moment you run out of benefits. You have to consider all this every time you are offered a job.
You have a valid point. Maybe I should have done more research on this company before applying. I'm in the hospitality business, tending bar and taking tables and etc, initially I did check out this company's website and their restaurant in many ways is comparable to the one I was working at before. However, I never physically went in to check out how much business they actually get. Reflecting on this now I may, or may not have, have sent my resume to a slower restaurant, which doesn't earn enough money for my needs. However, they may earn enough money. I just don't know yet.

I was planning to show up for the interview on Thursday to gauge what these people are like. I am also planning to visit the restaurant, as a patron basically, on my own this weekend to see how much business they actually attract. At the interview, I'm sure at the interview the manager will say they are sufficiently busy, but you just don't know until you show up and see for yourself.
 

swalsh411

Senior Member
Sending your resume is not "applying for a job". It is merely an offer to the potential employer that you would be open to discussing the possibility of you coming to work for them.

If you're sure this commute is too long, don't go any further in the process. Don't visit and don't interview. Unemployment will never know about it and you can honestly say you have not refused work.
 

Pross001

Member
Sending your resume is not "applying for a job". It is merely an offer to the potential employer that you would be open to discussing the possibility of you coming to work for them.

If you're sure this commute is too long, don't go any further in the process. Don't visit and don't interview. Unemployment will never know about it and you can honestly say you have not refused work.
Ok, I see. However, in a day or two I may check the place out in order to see how long it takes to get there and to see what their business is like. I'll do this before Thursday, which when the interview is. And yes, I guess i didn't technically apply there since I only sent them a resume via email. But, I don't necessarily want to discount them yet because they may be a busy money making company.
 

OHRoadwarrior

Senior Member
I was planning to show up for the interview on Thursday to gauge what these people are like. I am also planning to visit the restaurant, as a patron basically, on my own this weekend to see how much business they actually attract. At the interview, I'm sure at the interview the manager will say they are sufficiently busy, but you just don't know until you show up and see for yourself.
Make sure you stress how hard making it to work at that distance might be. Convey your reliance on the position allowing you to earn enough money to buy a new car quickly, so you can be a timely employee. If you are concerned about the place being slow, mention how you dislike slow restaurants because of all the side work and busing they expect you to do. You don't want to misrepresent yourself to a potential employer.:cool:
 

LdiJ

Senior Member
I once applied for a job through an employment agency's ad, and the employment agency lied. They said it was located in XXX area, which could have been 20-40 minutes from my home, when it was actually located in YYY area which could have been 40 -70 minutes from my home. Then, when I accepted the interview the admitted that it was in YYY area, but insisted that mapquest said it was 40 minutes from my home. I went to the interview, and it was 75 minutes from my home AND it was a Japanese employer who expected their salaried employees to work 8-8 m-f. I turned it down and explained to unemployment exactly why I turned it down, and it was no biggie at all. Of course, this was about 10 years ago so things may not have been exactly the same as they are now, but nevertheless, it was not a reasonable offer. I later found out, from the employment agency, that they were having a very hard time filling the position, and that is why they lied.
 

commentator

Senior Member
That sounds exactly about how the process is supposed to work. The only really bad thing that could be to do would be to take the questionable job, work it for a while and then find out all the downsides. There'll be people out there who are not receiving benefits who would jump at the chance to take any job, even at this distance and with these hours but you can quite ligitimately wait until you are less confident of finding something closer home and better if you are still in the early stages of your claim. As I said,the concept is
not asking people to worsen themselves, until your benefits are exhaused and you are forced to take whatever you can get no matter what.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top