Employer Offering Job Back to Me After Filing UI

My question involves unemployment benefits for the state of: Utah

After a few months of being on UI, my ex-employer called and said they would like me to come back to work starting Monday. Now I haven't applied there since but do I have to take my job back if they called me and said they wanted me to come back or can I refuse? I didn't talk to them they just left a voicemail. Basically I think they want to hire me and then fire me for some stupid reason so they can get out of paying my UI.

It just seems like a big loophole for employers to use so they don't have to pay UI..or am i wrong?

If they fire you, they'll have to have a valid misconduct reason before the UI office will deny your claim.

However, one thing I will promise you. If you turn down the job, your employer WILL tell the unemployment office that you refused work, and your benefits WILL stop.

That just doesn't seem right imo. How does it make sense? No employer would have to pay for UI if they could just offer their former employee their job back and get out of paying ui.

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Quoting sciontcguy

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That just doesn't seem right imo. How does it make sense? No employer would have to pay for UI if they could just offer their former employee their job back and get out of paying ui.

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Ummmmm, because then the person would have a job.:wallbang:

That depends on which is more important to the employer - not paying UI or not having to deal with the employee anymore.

Trust me, there are employees I would gladly pay the UI for if it meant I didn't have to have them working for me anymore.

Besides, you're the one who said they're only offering you the job to fire you again. I never said that. Nor do I have any reason to think that is the case.

You make up your own mind. But if you refuse the work and lose your benefits, remember, you heard it here first.

Are they offering you your identical job back with everything the same as it was before you were discharged?

If not, then you might have a good case to refuse the job and have it treated as unsuitable employment.

Depends on how different it is.

its a call center, i would be doing the same thing, just a different project. same pay

I very much doubt that would be considered different enough to be considered unsuitable work.

Ok just wondering. Also can I still file until I get my first check from my employer or do I have to stop once I begin working??

You stop once you begin working.

You stop filing when you earnings will no longer qualify you for a partial benefit. Since you state that they want you back on Monday, then it's a good chance that you'll earn more than your UI check, and your claim will close. However, if you were starting on a Thursday or Friday, then there is a good probability, that you'd still be able to file for one last week, report your earnings, and still receive a partial UI check.

I'd never tell anyone to stop filing after working because it depends on how much you earn that first week back on the job.

The poster cannot claim any time after he starts working. No matter when he gets paid, no matter when his benefit claim ends.

Of course he can file a claim for any time prior to that, even if it means that the claim for the last few days of unemployment gets filed after the work starts, as long as it's for time when he was not working. But under NO circumstances is he entitled to claim any time after he starts working, even if that means he has to go a while between the last unemployment benefits check and the first paycheck.

I don't know what you're saying, but as written, you're not entirely correct. You can file a weekly claim after you start working because those weekly claims are filed referencing the prior week. A claimant starting a job on a Thursday or Friday can in all probability have earnings for those two days that are less than what they'd have received on unemployment and are entitled to any partial benefit after taking into account the earnings exclusion. The claimant would not be able to file that weekly claim until the Sunday after they'd already started working. So, yes, you do file after you start working if you'll be eligible for a partial benefit, and if you're not sure, you file anyway, report your earnings and let the state figure it out. Also, there's people that start new jobs that are only part time, and they keep on filing long after they'd gone back to work.

I will grant you that IF there is a partial week then MAYBE he will not earn enough in that week to cancel out his claim, but you and I both know that isn't what he meant. Or if you don't know it, you shouldn't be responding to these forums.

What the poster wants to hear is that he can continue to claim benefits and receive unemployment checks until he gets his first paycheck so that there isn't any lag between the two, and he will have a check coming in from one source or another. That's not the way it works.

He stops filing as of the FIRST week in which he earns more than he would have earned in UI benefits.

And just so that there isn't any question for you to nitpick, I'll spell it out for you in words of one syllable, whenever possible.

Let's say, for the sake of argument, that the week starting Sunday, March 3, he earns over his UI benefit. It doesn't matter what days he works since the benefit looks at his WEEKLY earnings.

He cannot file a claim for the week of Sunday, March 3. He can file a claim DURING the week of Sunday, March 3 for the week of Sunday, February 25. But no matter when he is going to get paid for the week of Sunday, March 3, he cannot file a claim for that week.

THAT is what the poster wanted to know. And you should know that. And you should know that I knew that.

I know what he meant, but I also know that other people read these threads. I don't want someone thinking that if they start working part time at a retail store for minimum wage, they they are supposed to stop filing because as you said, "...cannot claim any time after he starts working."

Also, it's not always true that earning more than your UI check will result in not receiving a check. Some states have more generous earnings disregards than others, and you can earn a fair amount more.

I give other posters the benefit of the doubt and assume they can read better than you evidently can. Or than you believe they will be able to read.

My state is one of the most, if not the most, generous state when it comes to UI benefits. (I believe Rhode Island has a marginally higher benefit than we do.) So yes, I'm aware that the formulas vary. However, in the absence of knowing what states these random posters you're so concerned with will be from, the measure I used is close enough in most states for a generic response.