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  1. #1
    Join Date
    Jun 2008
    Posts
    13

    Default Can You Reject Part-Time Work After Being Laid Off and Still Get Unemployment

    My question involves labor and employment law for the state of: Illinois

    Hi all. I work in Illinois for a state college. Like many others have in the state, we are facing staff layoffs at the end of the term. They know who will be cut but not telling us yet. My question is, if I am offered a part-time job and I refuse it, does that disqualify me from claiming unemployment? I am currently full time (2 years) and was part time briefly before that to get my foot in the door. But it's not a practical work thing for me, with the long commute and bills to pay to work part time. So if they offer me say 15 hours a week and I"m turn them down, does that disqualify me to be eligible to claim unemployment? Can I even claim unemployment as a state employee? There's nothing withheld from my check for unemployment insurance. What if they say those cut were cut for being bad employees? I'm very nervous because state lawmakers have run the whole state into the ground and there is no work in higher education here.

    Thanks for your input and suggestions.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: If Employer Offers Part Time After Layoff, Can I Reject and Still Qualify for Une

    There's nothing withheld from anyone's check for unemployment insurance. In 47 states, including yours, UI is paid exclusively by the employer and not at all by the employee. The lack of a withholding does not affect your eligibility.

    There is a responder here who will tell you that this is a significant change in your work conditions and as such you will be eligible if you turn it down. That may be; I'm not saying you won't. But there is also an argument to be made the other way. The state would rather you have some income than no income, and there's no question that turning down work can be a disqualifier. However, there is a third option and in my experience is the most likely to be successful. A reduction in work can also be a qualifier for benefits; if you are offered part time work AND ACCEPT IT, you can still file for unemployment to make up some of the difference. I am not in your state but I have personally had a claim accepted when I went from full to part time and filed for UI - in fact, it was the UI office who told me to file. (It's complicated.)

    The bottom line is that this is not a black and white issue and no one can carve anything in stone for you. Pay attention to anything you are told by a responder here named Commentator - she has decades of hands-on experience in UI issues.

  3. #3
    Join Date
    Jun 2008
    Posts
    13

    Default Re: If Employer Offers Part Time After Layoff, Can I Reject and Still Qualify for Une

    Thanks, that gives me some things to consider, then. I guess what I'm predicting, since it could potentially be dozens of employees all at once, is that the college has done their homework and if offering some part-time spots before we've been officially released would mean they don't have to cover unemployment, they'll do it. It's not that I think I'm above working part time, but I'd like to avoid racking up credit card debt because I'm dumping my paltry part-time pay in the gas tank.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: If Employer Offers Part Time After Layoff, Can I Reject and Still Qualify for Une

    Agree with cbg....The employer would still have to cover the difference in unemployment if you get approved and paid for it for any reason. And it is the state, not the employer, who determines eligibility. Whatever claims are paid get charged against the employer's account. But a FT->PT possible UI claim will cost less for the employer than a FT->unemployed. So definitely file in either case -- but you might read through this : http://www.ides.illinois.gov/IDES%20...ns/CLI105L.pdf especially around page 17 to see how partial benefits are calculated (as they do take into account the $ that you are being paid)

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Can You Reject Part-Time Work After Being Laid Off and Still Get Unemployment

    Quote Quoting sharen67
    View Post
    if they offer me say 15 hours a week and I"m turn them down, does that disqualify me to be eligible to claim unemployment?
    No. However, get proof on your way out the door. It's a substantial change to the terms and conditions of employment. However, don't think you can accept it for now, and then change your mind later. It's as thought you were fired from the job that you had (full-time) and offered a new job (part-time).

    You're only required to accept "suitable" work, not whatever crap work the employer might throw at you to complicate your UI claim.

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