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Yeah its kind of a business unemployment question I have 5…

Yeah its kind of...

Yeah its kind of a business unemployment question I have 5 employees trying to claim unemployment, this job has ended however we offered them work to go out of state and they don't want it. are they still qualified for unemployment

Lawyer's Assistant: Have you discussed this unemployment issue with your HR staff? Or with a lawyer?

Well we're a smaller company I am an owner and do most in house

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's all

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Answered in 4 minutes by:
3/27/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,387
Experience: Significant experience in all areas of employment law.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Unfortunately, refusing to accept work in another state would generally not disqualify an employee from collecting unemployment benefits, as the refusal to accept such would would not be unreasonable given the logistics involved. Only if the new work was within a reasonable driving distance from the employee's existing residence (i.e. within 70 miles or so) could this result in disqualification.

I wish I could tell you otherwise. If there is anything else I can do for you, just let me know. It's my pleasure.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,387
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
well it was in state as well, however I do see your point. is there no loop hole or a way around? also how does this affect my company?
Customer reply replied 3 months ago
or how long can this affect us?

The rule is that a claimant will be eligible for benefits if they are unemployed through no fault of their own. An claimant will be deemed unemployed through no fault of their own if they are terminated for reasons other than misconduct and have not rejected an offer of "suitable work." What is suitable depends on the unique circumstances of the employment, industry, etc. However, in general, job offers for work more than 70 or so miles away will not be considered "suitable" because it is unreasonable to expect someone to spend hours commuting every day, or to move their residence to accept a job.

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As for how long it will affect you, a complex algorythm is used to determine your unemployment insurance premium. This algorithm takes into account how many UI claims you have had, how much those claims have paid out, and how much your payroll has paid into the system. It's really hard to say how much and for how long these UI claims will affect your UI premium, but what I will say is that employer's usually overestimate the net effect. Basically, it's usually not as bad as it seems.

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Customer reply replied 3 months ago
okay much appreciated

You are very welcome. Take care and good luck.

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