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I have been working for the same company for over 2 years. A few weeks ago they told me they hired someone to replace me during the day (9am-5pm) & they wanted me to work the NIGHT shift (11pm - 7am) which I can't do physically due to the stress it caused on my physical health the past (my Dr. can verify this). I applied for Unemployment & my employer called this week to tell me that I will NOT get unemployment because I refuse to accept the work I was offered. IS THAT TRUE?? Can they refuse me benefits because I wont take the job that I was NOT hired for in the first place AND because of the physical problems I will incur if I did??

ALSO...... is it true that my EMPLOYER would have to pay my full benefits of $405 each week (that is what the UE office told me i'd receive) My employer is stating that they will have to pay my benefits if I win the ruling and they are NOT happy about that. Just wondering if that is true.

Any information anyone can give me would be great!

2007-05-05 06:06:33 · 1 answers · asked by onecoloredfish 2 in Business & Finance Careers & Employment

1 answers

Your employer can not say whether you get unemployment or not. You file a claim at the unemployment office, or online at the Department of Labor website. According to your statement, it sounds as if your company will contest the claim. It will then go under appeal, and the Unemployment Office makes the final determination, NOT your former company.

See this pertinent page, describing the appeal process from the NY Department of Labor unemployment page:
http://www.labor.state.ny.us/ui/claimantinfo/hearingfaq.shtm

2007-05-05 08:03:37 · answer #1 · answered by Piggiepants 7 · 0 0

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