Workforce Resources
Guidance for Refusal to Work or Interview No Shows
The Unemployment Insurance Agency (UIA) has clarified that employers are within their rights to report “No Shows” for interviews to the Agency under existing suitable work guidelines. It is the responsibility of the employer to notify UIA of the violation through their MiWAM account.
What if an Employee Refuses Suitable Work?
Both employers and employees have an obligation to report offers and refusals of suitable work to the Agency. If an employer makes an offer of suitable work to an employee, and the employee refuses to return to work, then the Agency will conduct a fact-specific inquiry into the situations. This could take several weeks.
Actions to take as an Owner/Operator:
What if the Employee Did NOT Have Good Cause?
If the Agency finds that the employee did not have good cause to refuse to return to work, the employee will:
Good Cause for Refusing Suitable Work
Michigan’s unemployment insurance law permits employees who are receiving unemployment benefits to refuse “suitable work” only if the employee has “good cause.” Under the new guidance, “good cause” is expanded to include specific COVID-19 reasons an employee may have for refusing to return to work. Notably, it is clearly outlined that merely being afraid to return to work is NOT considered good cause.
The Unemployment Insurance Agency (UIA) has clarified that employers are within their rights to report “No Shows” for interviews to the Agency under existing suitable work guidelines. It is the responsibility of the employer to notify UIA of the violation through their MiWAM account.
What if an Employee Refuses Suitable Work?
Both employers and employees have an obligation to report offers and refusals of suitable work to the Agency. If an employer makes an offer of suitable work to an employee, and the employee refuses to return to work, then the Agency will conduct a fact-specific inquiry into the situations. This could take several weeks.
Actions to take as an Owner/Operator:
- Notify the UIA of the refusal via the online portal using the employer’s MIWAM Account.
- When notifying the UIA, provide the following information:
- A copy of the offer including the rate of pay, who offered it, and how it was communicated to the employee (verbally, written, posted, personally delivered, etc.)
- Note whether the employer maintained safety standards required by the state and federal guidance and law regarding COVID-19 precautions, and if the employer followed the State of Michigan’s re-opening guidelines.
- If applicable, how the offered work compares to work previously performed for the employer by the employee.
- The reason given by the employee for refusing the offered work.
What if the Employee Did NOT Have Good Cause?
If the Agency finds that the employee did not have good cause to refuse to return to work, the employee will:
- Likely not be eligible for the further unemployment benefits
- Likely have to pay back unemployment benefits they received while waiting for the Agency to make a decision.
Good Cause for Refusing Suitable Work
Michigan’s unemployment insurance law permits employees who are receiving unemployment benefits to refuse “suitable work” only if the employee has “good cause.” Under the new guidance, “good cause” is expanded to include specific COVID-19 reasons an employee may have for refusing to return to work. Notably, it is clearly outlined that merely being afraid to return to work is NOT considered good cause.
MRLA Job Board: Share Your Open Positions
The #1 issue that MRLA is hearing from members is the workforce. In response, the MRLA has launched a new industry-specific job board for you to post your job openings and for employees seeking new opportunities!
Members have unlimited FREE access to post position openings to the MRLA Job Board! Members can access posting for free by using the same MRLA login credentials used to access the association website.
The #1 issue that MRLA is hearing from members is the workforce. In response, the MRLA has launched a new industry-specific job board for you to post your job openings and for employees seeking new opportunities!
Members have unlimited FREE access to post position openings to the MRLA Job Board! Members can access posting for free by using the same MRLA login credentials used to access the association website.
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