La Verne: Can Employees Refuse A Recall To Work And Still Collect Unemployment?

Press release from the La Verne Chamber of Commerce:

May 07, 2020

In most cases, no, but ultimately it will be up to the state to decide on a case-by-case
basis.

When an employer recalls an employee to work, it must notify its state unemployment
agency of the offer of work made to that individual. This should stop the eligibility for
benefits based on work not being available.

Depending upon the circumstances, however, an individual may be unavailable for work
due to COVID-19. It's possible that a stay-at-home order could still be in place where
the individual lives, making him or her unable to travel to a work location unless his or
her work is essential. The individual may also be caring for a child whose school or
caregiving place is closed or still be caring for someone diagnosed with COVID-19.
Additionally, he or she could have some reason to feel unsafe at the workplace due to
the pandemic, which might be deemed allowable. Therefore, if the individual does not
accept the recall notice, he or she will have to continue to certify with the unemployment
agency as to why he or she cannot work due to COVID-19, or for another qualifying
reason.

If an employer has any reason to believe an employee might refuse a recall for unlawful
reasons, it may wish to educate him or her on the consequences of unemployment
fraud. These could include not only reimbursing the state for benefits paid but also civil
and criminal penalties, including incarceration.

Additionally, through the end of July 2020, unemployment recipients will receive an
additional $600 per week on top of their regular unemployment insurance entitlement
through provisions under the CARES Act. In many cases, this will provide more money
than the employee normally made when working, and these employees may feel less
inclined to return to work before August, and therefore, refuse the recall. Employers
may wish to advise these employees that the offer of work has been reported to the
state, and unemployment benefits will stop as of the intended start date. Any dishonest
statements made by the employee to the unemployment agency would be considered
fraud and may be subject to the penalties mentioned above.

Paylocity

• Evelyn Fernandez Emerging Markets Account Executive
• May 07, 2020
• (909) 373-5615
• Send Email

This press release was produced by the La Verne Chamber of Commerce. The views expressed are the author's own.