Can your unemployment be appealed if you accept a new job during a temp layoff?

Question

My husband was laid off from his job as an electrician on 2/7/14. It was considered a temp layoff so his job search criteria was waived. However, he still searched for a new position because he wasn't sure how long the layoff would last. On 4/17/14, his employer called him back to be a laborer with a $4/hour pay cut starting 4/21/14. In between that time he got 2 other job offers that’d pay him a substantial amount more than what he was making @ the time of the layoff before the pay cut was involved. He sent an email to the employer on 4/21/14 stating he wouldn’t be returning to work for them, started his new position on 4/25/14, & never collected any more unemployment.

The previous employer tried to appeal his unemployment & lost. Unemployment said his contract was broken. Now his previous employer wants a fact finding hearing stating there was not written contract BUT had there been, my husband broke it because he was unable to pass the licensing test. They even included evaluations in their appeals packet they claim they did during his employment but he was told by a coworker that they did them after he quit. The appeals packet is full of stuff they made up.

What is the likelihood he would have to repay his unemployment benefits for accepting a new position rather than returning for a demotion & pay cut?

BBG · Answer

Are you sure you are understanding the situation fully?

It sounds like the employer is disputing that the unemployment benefits should be CHARGED TO THEIR COMPANY.

Normally a company cannot initiate an overpayment appeal - the state does that.  But the employer can appeal whether the benefits paid should be charged to the company or the state.

At least in my state that's how it works.  :-)

ETA:  Sorry, you aren't quite understanding.

The company NEVER pays benefits.  The state ALWAYS pays benefits.

The state determines whether the benefits are the "fault" of the company (lay off) or not (voluntary quit).  If the benefits are charged to the company it doesn't mean the company actually pays the benefits.  It simply means the company will pay higher unemployment insurance rates for all their current employees until their claim rate comes down.

Employers can appeal the state's determination that the benefits are the company's "fault" and it sounds like this is what is happening.  It has absolutely NOTHING to do with whether your husband was entitled to receive benefits or not.

I hope that is a better explanation.

Nuff Sed · Answer

He won't have to return anything. They're just saying they don't want to continue paying after he accepts another job.  You said they already lost the appeal on his claim for unemployment.  Whether there is any requirement for a "written contract" is generally a side-issue, since ANYONE with prior employment can apply for unemployment benefits, written contract or oral contract.

Slickterp · Answer

If there was no contract, there was no contract.  There is no "but if there was he would have violated it".  That doesn't exist and the state won't waste time on it.

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Can your unemployment be appealed if you accept a new job during a temp layoff?

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