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

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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 8 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>


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