Can I be disqualified for unemployment benefits because I refused a job offer prior to applying for benefits?

In fact, I refused the job before the date my current position was scheduled to be eliminated.

Asked on September 14, 2012 under Employment Labor Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under Nevada Law, individuals who are considered out of work "through no fault of their own" may be eligible to receive unemployment insurance benefits.  Now, you can not refuse a job for personal reasons - such as no child care - and why you refused the job is important.  According to the Nevada unemployment division: "A person must accept an offer of suitable employment when made and must go on referrals to suitable work as directed by this Division.  Suitable work is defined as work which the individual customarily performs and that pays the prevailing (average) wage for that type of work in the area that the work is being performed.  Individuals who have held a job for a long time and then find themselves unemployed may have difficulty with this provision, as their wages likely exceeded the average wage paid for that type of work.  Unemployment Insurance is that, an insurance designed to prevent excessive financial hardship while the worker secures a job with another employer.  It is not designed to allow an individual to refuse lower-paying positions until he secures a job with 100% wage replacement."  So more information is needed here.  The fact that you refused before you were actually unemployed could have a bearing but again, more information is needed.  Did you know you were being let go?  Is the job offered not in your line of work at all?  I would apply. See what happens. Good luck.


 


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