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  1. #1
    Join Date
    Dec 2013
    Posts
    2

    Default Can I Get Unemployment if I Turn Down a Lower Paid Position After FMLA Ends

    My question involves unemployment benefits for the state of: massachusetts.. i recently got terminated from my job due to fmla when it expired, they said i could re apply again after im able to work. i decided to collect unemployment and go to training school to get a better career while im looking for work. can my employer stop me from doing so by stating they wanted to hire me back

  2. #2
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: My Ex Employer Wants to Hire Me After My FMLA Expired for Less Money

    If they offer you work and you turn it down, you are not entitled to unemployment benefits. It is not the employer stopping you, it is that law. You can't refuse to work and still get unemployment benefits, no matter how noble your reason for refusing work.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: My Ex Employer Wants to Hire Me After My FMLA Expired for Less Money

    can my employer stop me from doing so by stating they wanted to hire me back
    They can try. They might even succeed.

    The larger issue is your desire to go to training school. If such training would interfere with your ability to be available for full-time work at an employer's convenience, it's likely your UI will be denied.

  4. #4
    Join Date
    Dec 2013
    Posts
    2

    Default Re: My Ex Employer Wants to Hire Me After My FMLA Expired for Less Money

    i want to work while going to school . the training coarse is only 2 weeks

    - - - Updated - - -

    well i have the right to seek other jobs that pay more correct?

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: My Ex Employer Wants to Hire Me After My FMLA Expired for Less Money

    Yes, you do have that right.

    But you'd need to show that the only reason you didn't take X job was that there was a significant difference in salary.

  6. #6
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: My Ex Employer Wants to Hire Me After My FMLA Expired for Less Money

    Bubba Jimmy isn't stating things correctly. You can only be denied benefits if you refuse SUITABLE work. Depending on how much less they are offering, and how long you've been collecting, the offer to rehire you may be unsuitable, and you can continue to collect.

    You are allowed to look for a higher paying job while on unemployment, but if a job offer comes along that is about as good as the job you had before, you'd be pushing your luck to turn it down just because you are looking for a better paying job.

    The training can be a problem, but not always insurmountable. If they are online, evening, or weekend classes, those don't usually interfer with work and allow a claimant to collect benefits. If you are willing to drop out to accept a job if offered to you, stating that can quite often let your benefits continue.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: My Ex Employer Wants to Hire Me After My FMLA Expired for Less Money

    MA is my state and I know rather a lot about how UI works here. From both sides of the desk.

    If the employer has work for you when you are medically cleared to work, it would have to be a significant reduction before you'd be approved for UI in the first place. Additionally, even assuming you were approved, the reduction would have to be 50% or more before what you'd get in UI would even match, let alone exceed, what you'd get if you took the lower paying job. And the state is able to figure that out too.

    In MA, you need to be approved by the DUA to attend training school BEFORE the class starts if you're going to have a hope of collecting UI while going to school. And since your chances of being approved for UI if you don't return to work after your medical leave are fairly slim to begin with (not non-existent, but I wouldn't be betting the rent on approval if I were you), that makes your chance of approval for training hovering around, maybe 10% if the adjudicator is having a good day.

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