Am I still eligible for my unemployment if I decline a temporary position?

Question Details:

On April 29 I was placed on light duty at work due to pregnancy. My only restriction was a lifting restriction of 20 lbs. I was doing housekeeping at the time. My employer called and advised me that due to being a Workman's Comp liability I could not report back to work and would have to go out on medical leave. After speaking with my doctor, he advised me that I do not need to go out on medical leave because I am still able to work. After telling my employer this she advised me that unless my doctor released me back to full duty I could not return to work. I filed for unemployment. My employer reported to unemployment that on 05/15 I went out on maternity leave. My termination papers say that I was no longer with the company as of 05/15 also. My unemployment case was put under review for 6 weeks until an adjudicator called and heard my side. They then found that I am available for work and granted me my unemployment. In the mean time on 05/18, after my termination date, I received an email from my employer stating that they may have a temporary office position available during the summer for a few weeks. I had just been on an interview a few days prior and was waiting to hear back if I was being offered the job or not. I called unemployment and asked if I was required to accept this temporary position from my previous employer and they advised me that I did not. After the temp position ended I would not have been eligible for unemployment, which is why they were offering it to me after I was already terminated. I have been receiving my unemployment and now received an appeals letter stating that I refused a light duty position with my previous employer. My question is whether or not I can be denied unemployment for denying the temp position that they had offered me.

Christopher LeClerc / LeClerc & LeClerc LLP Answered 2 years ago This attorney is licensed in California View Attorney Profile
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