ABA Family Legal Guide

Law and the Workplace

Leaving a Job

Unemployment Insurance

Can a worker refuse a job offer and still collect Unemployment Insurance (UI) benefits?

It depends on why the worker refused the job offer. If the job is not suitable work, then the refusal is allowable. A job is not suitable if the worker has no experience in it, if it is more hazardous than the worker's previous job, or if the physical condition of the worker prevents him or her from accepting it. States also consider travel costs and time, bad working hours, community wage levels, and compelling personal problems in deciding if a job may be rejected. Finally, workers usually cannot lose benefits for refusing a job that is available because the current workforce is on strike.

If the wages and conditions of a new job are below those of the worker's previous employment, he or she may not have to accept it. For example, a skilled craftsperson is permitted to refuse a job as a janitor. After a certain period of time, however, most states require the worker to "lower his sights" and accept a lesser job.