unemployment insurance policies/procedures

[mamajoan.livejournal.com]

The general laws of Massachusetts (chapter 151a, section 25) read in part:

...no benefits shall be paid to an individual under this chapter for [...] any week in which an otherwise eligible individual fails, without good cause, [...] to accept suitable employment whenever offered to him, and for the next seven consecutive weeks....

'Suitable employment', as used in this subsection, shall be determined by the commissioner, who shall take into consideration whether the employment is detrimental to the health, safety or morals of an employee, is one for which he is reasonably fitted by training and experience, [...] is one which is located within reasonable distance of his residence or place of last employment....

No work shall be deemed suitable ... [i]f the remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality....

Basically this seems to say that I can be denied unemployment benefits for 8 weeks if I am offered a job and I choose not to accept it. "Detrimental to the health, safety or morals" is fairly vague but doesn't seem like it would cover such things as "I don't think I'd fit in to this company personality-wise" or "the job requires a lot of overtime which would take me away from my kids" or "I don't find the work interesting."

Does anyone know how, or whether, this is actually enforced? Nothing in the materials I've received from the unemployment insurance (UI) people says anything about me being required to report to them when I receive a job offer. So is this one of those things where, if they find out that I refused a job they'll disqualify me, but they'll never find out so it's moot? Or am I in fact supposed to inform them of every offer that I receive?

Does anyone here know anyone who has ever actually gotten burned by this? I'm really more curious than worried.

(x-posted)

Comments

[theodosia.livejournal.com]

One of the reasons for the government offering unemployment is that workers get the "luxury" of finding the most advantageous and best-paying work (so that they then pay taxes and contribute to the economy, thus helping everybody). So even if it's not quite by the rules, it's certainly in the spirit of WHY it is offered.

[hrafn.livejournal.com]

I don't know how the unemployment office tracks that stuff, but when I was doing substitute teaching while collecting unemployment, I got burned by it, either for turning down a couple days of substituting, or for turning down a full-time substitute job (that is, teaching one particular class for a month or more, rather than just coming in the day they called) for which I was totally unqualified, I don't remember which it was now (eventually, this got sorted out, and in my favor, but it took a while).

[chenoameg.livejournal.com]

It seems to me that you quoted a passage that says
- a job with overtime is unsuitable (if you didn't have overtime at your last job this is less favorable hours)
- the personality of the company is a bad fit (this is less favorable conditions of work)
- the nature of the work is unsuitable (this is less favorable conditions of work)

So the issues you bring up sound like they're already mentioned.

[nowalmart.livejournal.com]

I am not sure the answer to this question, but I would point to the qualification words "substantially less" and "than those prevailing for similar work in the locality".

I take this to mean that you can justifiably turn down a job for $10/hour if the job normally pays $20/hour in the area.

[mamajoan.livejournal.com]

Yes, I think that's fairly clear. But my question is more, what if the job does pay a reasonable amount and the person is reasonably qualified and it's reasonably similar to what she has done in the past...but she just doesn't "feel" like it's the "right" job for her?

[nowalmart.livejournal.com]

Honestly, as someone who paid taxes in MA, it would be my desire that you take a job that is reasonable. It is my wish that my taxes not be used to help someone wait until the *perfect* job comes along.

As the wikipedia article puts it, "The unemployment insurance in effect makes it one's full-time job to find the most suitable job within a reasonable period of time."
(emphasis added)

I realize this is my personal opinion, and do not hold it against anyone personally. The government takes enough money from people. If they have a chance to get some of it back, I cannot argue with that.

As I said, though, I do not know the answer to your question. My original response was simply to point out that chenoameg's post was probably not entirely accurate.

[mamajoan.livejournal.com]

Your tax dollars don't pay my unemployment benefits, though. UI is funded entirely by employers.

I understand and appreciate your point about the "perfect" job, but at the same time, I think one could argue that the state (and the employer) has an interest in allowing some leeway on this. Because when you force people to take jobs they don't really want, you increase the chances that they're going to wind up unemployed again and drawing on the system. Still, I do recognize that the state needs to have some kind of structure to prevent people from just blatantly mooching off of it.

And in case it isn't clear, I am talking about hypotheticals here. I have not actually refused a job offer (I have not actually RECEIVED a job offer) nor have I any plans to do so.

Civility sighted on the intarwebs!

[larksdream]

I am impressed by the polite and reasonable tone of both of you. That's all I wanted to say. :)

a small business owner's perspective

[loravarnion.livejournal.com]

I think unemployment benefits are quite important, but they do come at a price.

You are correct that employers pay for unemployment insurance, and the rates (like any insurance) are variable.

Small business owners get worse rates than large employers, and (I have read, though don't have a citation handy) in aggregate small business owners pay to insure more employees total. This works like a regressive tax that shifts more of the burden of supporting the recently out-of-work on to the backs of those businesses that are least able to pay for it, and at a higher cost.

I don't really think an insurance model is the right way to pay for unemployment benefits — it makes sense for employers to pay part of the costs, but the burden shouldn't be disproportionately shifted onto small businesses.

A better model would be to combine the risks across a geographic region, an industry, etc.. That way each employer would pay the same per employee, and the overhead associated with multiple insurance policies could be eliminated, thus saving everyone money.

[lena-a-mermaid.livejournal.com]

Basically the only way the Unemployment office is going to know you received a job offer and turned it down would be if the Unemployment office ItSelf offered you a job and you turned it down. Its been almost 10 years since I have had first hand experience with the unemployment office so perhaps people who have used it more recently can comment differently but... Every couple of weeks you fill out a little form saying you looked for work and didn't find anything or received no suitable job offers. I don't think that they have people following you around spying and Companies are not asked to report who they give job offers to to the unemployment office. It is more or less the honor system.

How it works

[agnosticoracle.livejournal.com]

Here is how the system worked a couple years ago (circa 2002). After filling out the initial forms they send you a card every week (or maybe every other week I forget). On the card are three questions, are you working, are you physically able to work, did you look for work (or something very similar). Answer them correctly and they send you checks.

If someone offers you a job from hell you aren't forced to take it. When you fill out the forms you are stating that you are looking for work and there is the assumption that you would take a suitable job if offered. But the grey area of what constitutes suitable employment is a question left to you. Companies don't send the state government a list of everyone they offer jobs to, so don't lose any sleep if you turn down an awful job.