Truck Driver Question

[Robert.M]

PA
I work as a truck driver. The company lost the local account that I am on. They want me to go back over the road. If I refuse to go back over the road would I lose my rights for unemployment. I have things that I have to be home for now.

 

[quincy]

What do you mean by lost your local account?

 

[PayrollHRGuy]

PA
I work as a truck driver. The company lost the local account that I am on. They want me to go back over the road. If I refuse to go back over the road would I lose my rights for unemployment. I have things that I have to be home for now.

Probably not. It is a significant change in the work requirement. What the UI agency will be looking for is that you did everything in your power to preserve your job.

You will need to be able to show the change and hardship that it creates. More hours away from home and such. The only thing that might get you is if you were every an over the road driver for them.

If you are originally disqualified make sure to appeal.

 

[adjusterjack]

They want me to go back over the road.

Does that mean you were previously an over the road driver? If so, refusal of suitable work generally disqualifies one for unemployment compensation.

A better alternative might be to accept the change and look for another job. It's easier to find a job while you are working than it is to explain why you aren't working.

 

[Robert.M]

Yes I was over the road for them 3 1/2 years ago. If I go back over the road it will be very hard to find another job because you are out 3 weeks at a time. You are only home for 4 days every 3 weeks.

 

[adjusterjack]

I found the following on the PA unemployment benefits website:

Refusal of Suitable Work
Section 402(a) provides, in part, that an employee shall be ineligible for compensation for any week in which his/her unemployment is due to failure, without good cause, either to apply for suitable work at such time and in such manner as the department may prescribe, or to accept suitable work when offered to him/her by the employment office or by any employer. The employer must notify the department within seven days of the offer of work.

Section 402(a.1) provides a claimant is ineligible for compensation for any week in which the unemployment is due to failure to accept an offer of suitable full-time work in order to pursue seasonal or part-time employment.

The responsibility rests with the department to determine whether the work that was offered was suitable (see "Due to Unsuitable Work under Voluntary Quit"). If the work is determined to be suitable, the claimant must show that he/she had good cause to refuse the referral or to refuse the offer or suitable work to be eligible.

Due to unsuitable work - When an employee accepts a position, he/she admits to the initial suitability of the position with respect to its wages and the conditions of employment. When a claimant quits because he/she feels the job was unsuitable, the claimant must show there were changes in the conditions of employment, to which he/she did not agree upon, that made the job unsuitable, or there was deception on the part of the employer with regard to the conditions of employment at the time of hire, or he/she shall be considered ineligible. The suitability of the work will be determined by considering factors such as the degree of risk involved to the claimant's health, safety and morals; the claimant's physical fitness; the claimant's prior training and experience; the distance of the available work from the claimant's residence; the prevailing condition of the labor market; and the prevailing wage rates in the trade or occupation.

After 3 1/2 years the over the road job may no longer be suitable for you for any number of reasons. No guarantees. The burden would be on you to prove that your situation has changed to the point where over the road would be a hardship. If you refused the work and got fired for it you would likely be denied benefits and have to go through the appeal process.

Before you make your decision do some studying. Here's a link to Google Scholar, a site that provides appellate case decisions. I ran a search in PA for "refuse suitable work" and found many cases that you can read to see which way the wind blows:

https://scholar.google.com/scholar?hl=en&as_sdt=4,39&q=refuse+suitable+work&btnG=