What to do if I was recently terminated from my employer for excessive absenteeism and recently went through an UI hearing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I was recently terminated from my employer for excessive absenteeism and recently went through an UI hearing?

My former employer was disputing my eligibility, however the ALJ found in my favor and I won the case. Now my former employer is offering me my job back. They made horrible accusations against me, claiming that I am hostile (I work in healthcare) and even went so far as to have 2 employees write negative statements against me, which were also falacies. Is this a justifiable reason not to accept employment with them?

Asked on December 29, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, for purposes of keeping your eligibility for UI, this would not be a valid reason to not accept the job. You are obligated to take comparable jobs when unemployed and seeking UI; by definition, your old job is, of course, comparable  to itself, so if you are offered it back, you must take it. Failure to do so may render you uneligible for UI>


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 AttorneyPages.com 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