Unemployment: How to Report Employees Who Refuse to Return to Work

Posted on June 15th, by Hoberman & Lesser in Firm News & Events, Published Articles, Timely Articles.

The U.S. Department of Labor has released updated resources for employers, workers and states as businesses begin to reopen across the nation during the coronavirus (COVID-19) public health emergency.

The DOL emphasized that it will take the cooperation of employers, employees and state agencies to prevent unemployment fraud. Claimants should be educated on state requirements that failure to accept suitable work offers may lead to denial of unemployment benefits.

“The integrity of the unemployment insurance system, including the new unemployment insurance programs under the CARES Act, is critical to ensuring temporary benefits are provided only to eligible claimants,” said Assistant Secretary for Employment and Training John Pallasch. “The Department of Labor will continue to help states quickly pay benefits to eligible claimants and ensure employers have access to the workforce they need to reopen, while protecting taxpayer dollars from fraud.”

In addition, employers should be aware that they’re obligated to report refusals of suitable work to state unemployment agencies.

To help with that requirement, many state agencies have dedicated online forms for the reporting of a claimant’s work refusal. Other states don’t provide a form but ask employers to call or email refusal information.

Here’s a list of where to locate reporting information for your state.

California. Refusals may be reported through the fraud reporting system run by the Employment Development Department that can be accessed here: https://askedd.edd.ca.gov/Fraud.aspx

Connecticut. For information on employees refusing to return to work, as well as other COVID-19 related issues, refer to these FAQs for employers: https://www.ctdol.state.ct.us/uiemployers.pdf

New Jersey. Refusals may be reported by printing out and mailing this form: https://www.nj.gov/labor/forms_pdfs/ui/BC6.pdf?_ga=2.151481721.178074846.1589998433-1675744500.1589998433

New York. The NY Department of Labor has an “Unemployment Insurance Employer Guide” with information about refusals to work. Read it here: https://www.labor.ny.gov/formsdocs/ui/P820.pdf

If you would like to review answers to commonly asked tax questions, please visit our Year End Tax Guide here.

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HOBERMAN & LESSER, LLP