What can I do if my old employer recalls me to work after temp lay off when I’m about to receive unemployment benefits?

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What can I do if my old employer recalls me to work after temp lay off when I’m about to receive unemployment benefits?

What can I do if my old employer calls me back to work after temporary lay off just when im about to receive unemployment benefits which they are trying to avoid paying me? Am I entitled to payment for my time off work if I choose to go back to work? If I deny work I get disqualified for unemployment i feel my old employer is just calling me back to avoid paying for my unemployment because at my old job I was replaced with another worker and there were many open positions available for me to work during the time frame of my lay off which was 4 months.

Asked on April 3, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have been terminated by your employer and he or she wishes to have you come back for temporary work, you are not required to do so. If you are concerned about the effect upon your unemployment benefits would be if you return to work on a part time position, you should ask the person at the unemployment office.

I would negotiate the return to work on a full time basis with your former employer with a two year contract in writing if that is an option.


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