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Mei Lin

NYS Department of Labor - do I have to accept any job offer while on unemployment benefits?

I've been collecting unemployment for about 6 weeks now and doing my weekly claims as required. Today I got a job offer but it's for way less money than my previous job (like $8/hour less) and it's in a completely different field that I have no experience in. The commute would also be over an hour each way. Do I HAVE to accept this offer or can I turn it down and keep looking for something more suitable? I'm worried NYS Department of Labor will cut off my benefits if I refuse any job offer. What counts as 'suitable work' anyway?

No, you don't have to accept just any job offer! NYS Department of Labor has specific criteria for what constitutes 'suitable work.' Generally, you can refuse a job if the wages are substantially lower than your previous job, if it requires skills you don't have, or if the working conditions are unreasonable. The key factors they consider are: wage level compared to your benefit rate and previous earnings, your skills and experience, distance from your home, and working conditions. An $8/hour pay cut sounds substantial - that might be grounds for refusal.

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Mei Lin

Thank you! That's really helpful. Do I need to report the job offer to NYS Department of Labor when I file my weekly claim? And should I document why I'm refusing it?

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You should absolutely document everything about this job offer and your reasons for refusing it. Keep a record of the offer details (pay, hours, location, job duties) and write down why it's not suitable work for you. Yes, you'll need to report it on your weekly certification when they ask about job offers. The hour-long commute alone might be reasonable grounds for refusal depending on your circumstances.

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This is good advice. I had to refuse a job offer last year that was 30% less pay than my previous job and NYS Department of Labor didn't penalize me for it. Just make sure you document everything!

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Been there! The whole 'suitable work' thing is so confusing. I refused a job that wanted me to work nights when I've never worked nights before and they didn't give me any problems. But I was super nervous about it too because you hear horror stories about people getting their benefits cut off for refusing work.

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Mei Lin

Right?? That's exactly what I'm worried about. Did you have to explain your refusal to anyone or did you just report it on your weekly claim?

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I just reported it on the weekly claim and explained briefly why it wasn't suitable. Never heard anything back about it.

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How much does something like that cost? I've been trying to call NYS Department of Labor for days about my own claim issues.

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I found it pretty reasonable for what it does - basically saves you hours of calling and getting busy signals or being hung up on. The peace of mind was worth it for me.

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honestly the unemployment system is so messed up, they make you jump through all these hoops and then threaten to cut you off if you don't take whatever crappy job gets thrown at you. $8 less per hour is ridiculous especially with gas prices these days and that commute!! I'd definitely refuse that

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I understand the frustration, but it's important to know that NYS Department of Labor does have protections in place for claimants. The suitable work provisions exist specifically so people aren't forced to take jobs that are clearly inappropriate for their situation.

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Just want to add - make sure you're keeping up with your job search requirements while you're dealing with this. NYS Department of Labor still expects you to be actively looking even if you refuse unsuitable offers. Keep documenting your job search activities too in case they ever audit your claim.

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I went through something similar last year when I was on unemployment. The key thing to remember is that "suitable work" has specific legal definitions in NY. Besides the wage and commute issues you mentioned, they also consider whether the job matches your usual occupation or if you have the necessary skills. An $8/hour pay cut plus an hour commute each way would likely be considered unreasonable, especially if it's in a field you have no experience in. When you report it on your weekly claim, just be honest and detailed about why it's not suitable. I'd also suggest calling the NYS Department of Labor directly if you're really worried - they can give you specific guidance based on your situation.

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This is really reassuring to hear from someone who went through it! I'm definitely going to document everything thoroughly. Did you end up having any follow-up questions from NYS Department of Labor after you reported refusing the offer, or did they just accept your reasoning without any additional review?

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I'm in a similar situation right now - got an offer that's $10/hour less than my previous job and requires skills I don't have. From what I've researched, NYS considers work "suitable" based on several factors: the degree of risk to health/safety, your physical fitness for the work, your prior training and experience, length of unemployment, prospects for local work in your usual occupation, and distance from your residence. Your situation with the $8/hour cut, different field, and hour+ commute each way sounds like you have multiple valid reasons to refuse. I'd document everything - the original job offer details, your previous salary, the commute time/cost, and lack of relevant experience. When you file your weekly claim, be thorough but concise in explaining why it's not suitable work for you.

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This is really helpful - you've laid out all the factors so clearly! I'm dealing with almost the exact same situation. The part about "prospects for local work in your usual occupation" is interesting - I hadn't thought about that aspect. Since I've only been unemployed for 6 weeks, there should still be reasonable prospects for finding work in my field, right? That seems like another point in favor of being able to refuse this unsuitable offer. Thanks for breaking down all the criteria!

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Exactly! The 6-week timeframe definitely works in your favor. NYS generally expects that people should have reasonable time to find work in their usual field before being required to accept jobs in different industries or at significantly lower wages. Early in your unemployment period, they're much more lenient about refusing offers that don't match your skills and experience. I'd also add that you should calculate the actual cost of that hour+ commute each way - with gas, wear and tear on your car, and the time investment, it might actually cost you money to take that job when you factor in the pay cut. That's definitely something worth documenting when you report the refusal!

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I just want to emphasize what others have said about documentation being crucial. I went through a similar situation a few months ago and kept detailed records of everything - the job offer email, my calculations showing the pay difference, gas costs for the commute, and my written explanation of why it wasn't suitable work. When I reported it on my weekly certification, I was brief but clear about the reasons (significant pay reduction, different field, excessive commute). NYS Department of Labor never questioned it. The fact that you're only 6 weeks into unemployment and the job is $8/hour less in a field you have no experience in gives you strong grounds for refusal. Just make sure to keep actively job searching in your field and document those efforts too. You're well within your rights to refuse unsuitable work - that's exactly what the protections are there for!

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This is exactly the kind of detailed advice I was hoping to find! I really appreciate you sharing your experience and the specific steps you took. It's reassuring to know that NYS Department of Labor didn't question your refusal when you had valid reasons and good documentation. I'm going to follow your approach - document everything thoroughly, calculate the actual costs of taking that job (including commute expenses), and continue my active job search in my field. The fact that multiple people here have successfully refused unsuitable offers without issues gives me confidence that I'm making the right decision. Thanks for taking the time to share all those details!

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Aisha Ali

I'm new to this community but dealing with a very similar situation right now! I'm about 4 weeks into unemployment and just received a job offer that's $12/hour less than my previous position, requires a completely different skill set, and would involve a 45-minute commute each way. Reading through all these responses has been incredibly helpful - especially learning about the specific factors NYS Department of Labor considers for "suitable work." I had no idea they took into account things like length of unemployment and prospects in your usual field. It sounds like documenting everything is key, so I'm going to start keeping detailed records of the offer, my previous salary, commute costs, and why it's not suitable. Has anyone here ever had NYS Department of Labor actually follow up with questions after reporting a refused job offer, or do they typically just accept your explanation if it's reasonable?

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Welcome to the community! From what I've seen in all these responses, it sounds like NYS Department of Labor typically accepts reasonable explanations without much follow-up, especially when you have clear documentation. Your situation with a $12/hour pay cut and different skill set requirements sounds even stronger than some of the cases people have shared here. I'd definitely recommend keeping records like others mentioned - the job offer details, your salary comparison, and commute cost calculations. It's encouraging to see so many people have successfully navigated this situation. Good luck with your claim!

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I'm also relatively new here but have been following this thread closely since I'm in a somewhat similar situation. What strikes me about all these responses is how consistent the advice is - document everything, know your rights regarding "suitable work," and don't be afraid to refuse offers that clearly don't meet the criteria. I'm currently 3 weeks into unemployment and have been worried about this exact scenario. It's really reassuring to see that NYS Department of Labor does have reasonable protections in place and that people have successfully refused unsuitable offers without losing their benefits. For anyone else reading this thread, it seems like the key takeaways are: 1) Substantial pay cuts, especially early in unemployment, are grounds for refusal 2) Jobs requiring skills you don't have can be refused 3) Excessive commutes are a valid concern 4) Document everything thoroughly 5) Continue your active job search in your field. Thanks to everyone who shared their experiences - this has been incredibly educational!

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