Source
r/UnemploymentWA•
SoThenIThought_

Refusal vs. Suitable Work, and Job Search Activity Suspension: Bonus: Acceptable Separation Reasons (Mini)

Caused Addition to The Archive

####-----Goal-----

Give users legal framework to make well-informed decisions, documented communications to employers and for ESD appeals/ fact findings.

####-----Disclaimer-----

I cannot get close to anything that resembles a "How to get Unemployment Guide," because that makes Me and this Sub an archetype for fraud, and I don't want to wake up one day to a subpoena/cease-and-desist order/Ban from Reddit or the Sub being quarantined or banned. While I am not a lawyer and this is not legal advice, I am willing to act as an advocate, and thus always open to new ideas and corrections.

Don't thank me for this, thank u/madamemedusa_ for their post which brought up this lack of info/clarity

All laws and webpages referenced are in the public domain.

####-----Summary-----

Refusal to Work, Suitable Work, Job Search are legally distinct. The legal rules within each are also distinct; You need to document these communications; email or text.

####-----Job Search-----

####-----Refusal to Work-----

  • Purpose: For Declining Offers of Work Where the Work IS Suitable

  • Means: Acceptable Reasons to Say you will not be returning to work/ offer. Need to be documented; email or text.

Example: "Being at higher risk for severe COVID-19 related illness as defined by the U.S. Centers for Disease Control and Prevention. Living in a household with a person at high risk. Providing direct care for a high-risk person. Being asked to work at a worksite that does not follow guidelines published by the U.S. Department of Labor, the Washington State Department of Labor and Industries, or the Washington Department of Health. You have to care for a child in your household who is unable to attend school or daycare because it has been closed as a direct result of the COVID-19 pandemic." From ESD Refusal to Work,

####-----Suitable Work-----

  • Purpose: For Declining a Offer of Work Because the work is not suitable to your "work experience, education, or training and if the individual has no prior work experience, special education, or training for employment available in the general area, then employment which the individual would have the physical and mental ability to perform." From RCW 50.20.100

  • Means: An employer is offering work which for which a skill, experience or training would be reasonably required; an offer incommensurate or incongruous with your experience/training. This communication needs to be documented. Seems to apply even if at some point the employer misrepresented the scope and scale of work, the training or experience required (but not the work environment, that's a Refusal Reason.)

Example:

  • The work is not in line with your training and experience. (After a period of time, any job you are qualified to do may become suitable work.)
  • You must join or resign from a labor union.
  • The hours or working conditions are not as favorable as most other jobs in your occupation in your area.
  • The work is farther than the usual commuting distance for people in your occupation in your area.
  • The wages offered are lower than the wages common for that occupation in your area.
  • The work is unreasonably dangerous.
  • You cannot physically do the work.
  • The work would offend your religious beliefs or moral conscience.

  • Does NOT Mean: DOES NOT mean you can decline offers where the included training or relevant experience is demonstrably low and others with your similar experience/education can reasonably be expected to attain proficiency. DOES NOT mean there needs to be a back-and-forth argument or conversation with the employer where you try to convince each other. DOES NOT mean you can decline offers over the phone with no documentation; follow up with an email referencing your phone call. DOES NOT require employers to necessarily accurately represent the work duties/conditions; We've all been in a bait-and-switch employment... Opinion: Seems more legally tenuous than the Refusal to Work Reasons.

  • Where does it say that?: ESD Eligibility and General Questions

  • Applicable Laws:Refusal of New Work: WAC 192-150-150; RCW 50.20.010; Modified by HB 5061to allow "the degree of risk to the health of those residing with the individual during a public health emergency": RCW 50.20.100; RCW 50.20.110, WAC 192-170-050

####-----Acceptable Reasons to Separate-----

APPEAL TEMPLATE: High-risk, Workplace Safety, Change in working conditions, wage reduction > 25%, etc

This Comment has half of the laws and This has the other half

#####-----Conclusion-----

Depending on the company, the hiring agent, and their HR/ Legal department, they may not know the laws anymore than you AND they may expect that you do not and act accordingly. Empower yourself.

####-----Added to The Archive-----

Under Additional Related Posts / Refusal to Work

Explanation of SUITABLE WORK and REFUSAL to Work; Laws, Sources, Examples

Posted Mar 5, 2021, 7:55 PM UTC · edited

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