Can an employer who fired me force me back into the same position at a later time?

UPDATED: Feb 29, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 29, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer who fired me force me back into the same position at a later time?

My last employer fired me for performance reasons. I am collecting unemployment. Can he offer me my same position back? And if I decline to take the position, am I ineligible for unemployment going forward? I have been searching for work but do not wish to return to this employer. Could this be an attempt by the employer to bypass paying unemployment compensation? Is this legal?

Asked on February 29, 2012 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are offered the same job back, then clearly that is an "equivalent" position; therefore, if offered it and you decline, you would be ineligible for unemployment.

Could it be an attempt to avoid unemployment compensation? Yes, but if so, your employer is stupid--they would almost certainly, except in very unusual circumstances, pay far more in your salary (and benefits) than they would from you collecting unemployment.

Is it legal to attempt to "bypass" unemployment by offerinig someone a job? Yes--the law does not care about motive in this case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption