Dr. Chhoda explores guidelines from the Department of Labor about ‘suitable employment’ and provides claimants with some options if they believe that a job …
Hi everyone, this is Dr. Nitin Chhoda with Ignition Time.
Thank you so much for visiting my channel.
If you don't know anything about me,
please check out my introductory
video on our channel.
I have the fortune, the privilege,
the honor of living the American dream.
And I want to help you live
your American dream.
Right now I'm going to answer the question,
what can a claimant do if he or she
believes that a job offer is not
for suitable employment?
Now I will actually help you define what
a suitable employment in this video so
that you know what your rights are
and what your options are as we start
to get hopefully start to get ourselves
back on track and start
to get our jobs back.
I'll first give you some guidelines
directly from the government,
from the Department of Labor.
And then I look at specific guidelines
pertaining to the state of Michigan.
Remember, your state is going to have its
own guidelines, but the guidelines
are fairly similar across states.
And you may want to check with your state
about their definition of specifically
what is considered suitable employment.
Let's take a look at guidelines
from the Department of Labor.
This is the government
about suitable employment.
The question is, what can the claimant do
if he or she believes a job offer
is not for suitable employment?
If a state raises an issue of failure
to accept suitable employment,
by the way, this means if your employer or
if someone reports to the state that you
rejected an offer of suitable employment,
the state unemployment insurance agency
will provide you the beneficiary, you
the claimant, an opportunity
to provide your side of the story.
Which is why with this video,
my goal is to educate you about what is
considered suitable employment and you
have the opportunity to provide your side
of the story and to contest any evidence
that was provided to the state about
the fact that you rejected suitable
employment and then the state will
make the final determination.
This is a good thing because if your
employer or if anyone lets the state know
that, hey, you rejected an offer
of suitable employment,
and if you do not contest and if you do
not defend yourself,
you could just lose state
unemployment benefits, you could
potentially be subjected to penalties.
You could potentially be
subject to legal proceedings.
So the idea here is for you as a viewer,
subscriber citizen, for you to understand
what constitutes suitable employment.
And I'll give you some guidelines.
Now, most state laws allow for the refusal
of suitable employment for good
cause will define good cause.
And again, this good cause
is defined by state law.
Criteria for a good cause can include
but are not limited to the following the
degree of risk to an individual's health.
In other words, if there was a safety
concern for you to get back to work,
if you felt your employer did not
have a safe work environment.
Morals this is also mentioned by the Department
of Labor, safety and morals,
the individual's physical fitness.
Let's say your fitness prevents
you from getting back to work.
That could be considered a reason for you
to reject an offer of,
"suitable employment", prior training,
experience and earnings,
the length of unemployment, prospects for
securing work in a customary occupation.
In other words, an occupation consistent
with your prior work and consistent
with your prior work history
and the distance of the available
work from the individual's residence.
So distance also plays a role here.
Claimants may file an appeal if they
disagree with the state's
determination regarding suitable work.
And you need to contact your state
unemployment agency for further
information on your screen.
Right now, you'll see some guidelines
from the state of Michigan and these
guidelines were issued
a couple of months ago.
But they are useful guidelines about
what is considered suitable work.
So in determining whether full time or
Part-Time work is suitable,
the law considers the following criteria
number one, employee's
physical fitness for the job.
No.
Two degree to risk of harm
to the individual, to the employees
health, safety and morals.
No.
Three employees, prior training and work
experience, no full length
of an employee's unemployment.
Number five employees prospects
for securing work in his or
her customary occupation.
You can see that these are just you can
see that these are guidelines
from the Department of Labor,
which are fairly consistent across many
states, distance of work
and employees by training.
So it also says the state of Michigan says
an individual who refuses an offer of work
that is determined to be suitable will be
denied benefits if the period
for that work is at least 70 percent
of the gross pay received immediately
after becoming unemployed.
So this is something
to take into consideration.
You know, if you are offered, you know,
if you offered something that was,
you know, close to 70 percent of the gross
pay received in the past before you became
unemployed and you rejected that,
you know, you would no longer
be eligible for unemployment.
By the way,
I'm I know that most of my viewers
and subscribers do not want
to stay on unemployment.
The idea is to get back to work.
The idea is to, you know, become
a part of society again, if you will.
But for many of us that are, you know,
unemployed, that have are significantly
cut down, these things matter because this
will allow you to continue to collect
benefits if you are eligible for them and
know your options and know your rights.
So you will have to, again,
talk to your specific state.
Now, let's give you some examples of when
work is not when employment is
not considered to be suitable.
According to this guideline from the state
of Michigan, work is not
considered to be suitable.
The employer is unable or unwilling
to provide a safe workplace required
by current state and federal law
and guidelines,
employers have the responsibility to prove
that workplaces are safe and in compliance
with appropriate workplace
safety laws and guidance.
So this is something
that's very important.
Your employer has responsibilities.
So, again, let's make sure that that you
know, that we understand
all the guidelines.
I will provide you with the link
in the description section below to this
specific guidance from
the state of Michigan.
You need to contact your state for
specific guidance, for specific guidance.
Now, this also says
good cause to refuse suitable work.
Let's let's examine other reasons.
Let's examine other factors for good cause
related to the refusal for suitable work.
The individuals normally available
transportation is now unavailable.
You know, for example,
if you're using some ridesharing service
and you don't have a right to get to work,
that is considered good cause
the individual is under self isolation or
quarantine in response to the elevated
risk from the pandemic due
to being immunocompromised.
So, you know, this includes all the dolts
who are 65 and older,
those who are pregnant.
Those are specific disease or chronic
conditions such as cancer, heart disease,
lung disease, chronic liver disease,
severe obesity, diabetes, malnutrition
and certain genetic disorders.
So, you know, if you're immunocompromised,
then you know that that factors in those
with specific medications or on specific
treatments such as steroids, chemotherapy,
radiation therapy, dialysis, stem cell,
bone marrow, organ transplant.
So, again,
there are specific guidelines here
and there are many, many,
many other guidelines.
The individual has had contact in the past
14 days with someone with a confirmed
diagnosis of the illness
related to the pandemic covid.
And there are other factors like
the individual just
recovered from the pandemic.
But the infection,
because medical complications rendering
entering the individual,
unable to perform his or her job duties,
the individual is required to care
for someone with a confirmed
diagnosis of the pandemic.
The individual has a family responsibility
as a result of the pandemic and does not
have access to customary arrangement
or a reasonable alternative.
The individual has.
Now, this is important.
If the individual, according to the state
of Michigan, has a reasonable belief
that the workplace is unsafe or not
in compliance with state or federal
guidance, and this is a reasonable belief,
you can't just say, oh,
I don't want to go to work.
It's not safe.
That is not considered
a reasonable belief.
If an employer claims that a workplace is
suitable because it meets state
and federal workplace safety guidelines,
the employee may still have a good cause
to refuse that work.
If the employee can establish that he or
she has a reasonable belief
that the workplace does not
meet safety requirements.
So as an employee, if you
can I quote, if you can.
If you can.
If you have if you want to demonstrate
good cause the employee will have
to establish a reasonable belief
that the workplace does not
meet safety requirements.
And again, merely being afraid
to return to work is not a good cause.
So
if there is a refusal to work
determination and you want to protest it
and you want to appeal it, you want
to contest it, you have to do so.
Within 30 days of the date at which you
are notified, the employer must prove
that a specific offer was made to the
employee and that the work was suitable.
The employee will have to prove
that the offer was not received,
that the work was unsuitable,
or that he or she had good
cause for refusing to work.
And I provided you with all of the reasons
pertaining to the good cause.
Again, keep in mind this information
was intended to be a starting point.
So please make sure you use this
information as a starting point
and contact your state for specific
information related to, you know,
the offer of a suitable employment or
the refusal or the establishment
of good cause.
But I think this gives you a lot of really
good information for you to decide what
to do next and how to approach
going back to work.
If it is safe for us to go back to work,
we all want to go back to work.
It's as simple as that.
But it's important to have guidelines
because there's a lot
of confusion out there.
My name is Dr.
Nitin Chhoda with Ignition Time.
Once again, I had the fortune,
the privilege, the honor
of living the American Dream.
Check out my introductory
video on our channel.
I am a beneficiary
of the greatness of America.
I'm a beneficiary of American generosity.
And I want to return the favor
and help you live your American dream.
And I want us to be in a new world where
we don't have to talk about unemployment
benefits and stimulus checks.
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Thank you so much for watching.
My name is Dr.
Nitin Chhoda with Ignition Time.
I'm looking forward to seeing you
in the next video of Ignition Time.
Thank you so much.
I'll talk to you soon.
Take care.
Bye.
Yes.

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