Unemployment benefits

[Jkeel1975]

What is the name of your state (only U.S. law)? TN Hello, I have been receiving unemloyment compensation for the last year and a half. I have been actively looking for work and have a couple potential jobs lined up now. My Ex boss ( the man who fired me) called and offered me a job yesterday for exactly half the hourly wage I previously made with him. My question is will I lose my benefits if I refuse this job. He appealed my case twice trying to keep from paying my benifits and also refused to fill out an Aflac form a few months ago therefore keeping me from getting money for a claim that I had while working for him. I feel if i take the job it will be a hostile work environment. One more thing, He also was bragging about this to one of his workers last night and said he was gonna send me

 

[commentator]

Under what circumstances did you leave this man's employment? From what you are saying, this was not a simple lack of work separation, as you said, he appealed your claim twice, and yet you still received benefits. From this I am guessing that he probably terminated you and there was determined not to be sufficient misconduct reason to terminate to keep you from drawing benefits.

You will need to report this offer of work immediately to your unemployment system. Call it in and talk to a living human being before you certify for this week's claim. Ask them specifically how you should fill out the certification. Explain to them what you have told me, how you have been called and offered a rehire at approximately half the former salary by this person who (?what? )fired you before? Tell them how he has been heard bragging that he will stop your drawing by offering you another job.

They will have to make a decision on this, it will probably delay your pay for these next couple of weeks. But rest assured that even if you did not report you had been offered the job, he'd call them and tell them he had offered you the job, so it would be fraud and would be discovered by them if you don't report it.

If you had been laid off due to lack of work, and the employer was fine with your receiving benefits because he didn't have the work for you to do anymore, and then now he has more work and he's reoffering you your old job back, that would probably be considered a legitimate job offer, and you'd have to take it or your benefits would stop.

But if the employer has terminated someone or they have quit for what has been determined to be a valid work related reason, and their benefits have been approved through appeal, the employer cannot then cancel the benefits by offering to rehire the person. That's what the decision they'll make will say about this offer of work. The relationship between the two parties has been severed. Believe me, many employers have thought of this little dodge when the former employee has been approved to draw benefits.

It would be totally dumb of you to go back to this job, of course, as if you did he's going to simply make your life a living hell until you are forced to quit or until he can think of a better reason to fire you.

But if you've been drawing for a year and a half, you're getting awfully awfully close to running flat out of unemployment benefits anyway, it's not really going to be a big deal. You will need another job somewhere very quickly.

 

[Jkeel1975]

Thats what i was thinking too. fizzin 2 go down to the career center in a min. and i havent called to certify yet. Thanks for the confirmation. I cant tell on my friend who works there and he will know as there R only 5 employees at the company. He will definately fire him later if he finds out he told me that info. Im gonna dodge his certified letter too. Do you know how to change user name on here I didnt mean for it to show my name or do you see me posting as "panic Kid" ? Thanks again

 

[Jkeel1975]

thanks im a newbie but this is a good site. Thanx again

 

[commentator]

You don't have to give any kind of certified statement, naming names or anything so you don't have to rat out your friend, and he will not hear that so and so said he's bragging to people about how he's going to cut you off. That's just for you to share with the person who handles your appeal. It should be pretty cut and dried, as I said, it will delay your benefits for the week for a while, but in the long run, he cannot pull this off.

Even if you do receive the certified letter, you still are okay. Don't try to dodge it. As I said, if you are terminated from his company, he can't stop your benefits by sending you a recall, even if he hand delivers it or serves you with a summons.

I wouldn't worry. There's nothing anyone can do to you about this, except try to cause a problem, and if he's stupid enough to fire your friend for telling the truth about his intentions, he'll get unemployment insurance too, and if that boss was devious enough to be checking everything that's put out there on the internet about unemployment, he'd know better than to waste his time and money and effort trying to do this anyhow. These things go away pretty quick on here and others take their place.