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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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