Unemployment claim rights

[da67]

Oregon.
I recently lost my job and within three days my previous employer called to offer me a job as a contractor with the same wage, but without any benefits.

If I turn down the job because I think it is ethically wrong (maybe illegal), can my unemployment benefits be denied since you are not supposed to turn down work.

Seems like a dishonest way to save money by laying people off and trying to rehire them and not pay benefits. How could I legally be forced to accept a job from a dishonest, ethically wrong company?

Please give me some advice or a direction to take to seek legal help.

Cheers

 

[mlane58]

In short---yes. You can't be forced to accept a job from anyone. What you believe or think is irrelevant to your state unemployment division.

 

[pattytx]

I'm not sure I agree with mlane (and that doesn't happen often). If a business offers you a job that allows them to violate a law if you accept the conditions, I would think that would not be a "reasonable offer" that you would be required to take or lose benefits.

I would be interested in hearing other opinions from my colleagues.

 

[Zigner]

I'm not sure I agree with mlane (and that doesn't happen often). If a business offers you a job that allows them to violate a law if you accept the conditions, I would think that would not be a "reasonable offer" that you would be required to take or lose benefits.

I would be interested in hearing other opinions from my colleagues.

While I agree with you on the violation of laws basis, OP can't pick and choose based on (perceived) ethics questions.

 

[mlane58]

I'm not sure I agree with mlane (and that doesn't happen often). If a business offers you a job that allows them to violate a law if you accept the conditions, I would think that would not be a "reasonable offer" that you would be required to take or lose benefits.

I would be interested in hearing other opinions from my colleagues.

If the job the OP is being offered is in fact doing something illegal I agree, but what exactly is the employer doing that is illegal. What most employees believe to be illegal isn't.

 

[pattytx]

Well, if he's intending to misclassify the worker as an IC when he doesn't meet the qualifications for one, as soon as the company doesn't withhold and pay taxes on payments made to the worker/employee, he is in violation of IRS regulations.

I was assuming by "contractor" the OP meant independent contractor. da67, IS that what you meant?

 

[eerelations]

I agree with pattytx and I too understood the OP was being offered a misclassified independent contractor job, which is an illegal job, not just an unethical job.

 

[Zigner]

Yes I agree re being misclassified as an IC. However, our OP stated he was offered A job as a contractor...not "the same job" Hope he clarifies...

 

[leahann79]

Yes I agree re being misclassified as an IC. However, our OP stated he was offered A job as a contractor...not "the same job" Hope he clarifies...

We don't know if it's the same job or not, the OP didn't clarify. Just that the employer is classifying it as a contract position. Hopefully they classify what the job is and what it entails and if it is different from their previous job responsibilities. Then we will hopefully be able to decide if they are an IC or not vs. an employee.