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05.04.2020 Newsletters Doerner

The Employer’s Legal Resource: Workers’ Obligations to Accept Offers of Work (Or Can They Remain on Unemployment?) – UPDATE

On April 24, we addressed this topic and will not plow that same ground. In that article, we explained we had submitted a question to the OESC: During the pandemic, will the OESC require the unemployed person to “accept” an offer to return to work?

Last week, the OESC provided additional guidance on this. On a new page titled “Let’s Get Back to Work Oklahoma!,” the OESC published this guidance:

Returning to Work
Not returning to work when work is available could be considered “refusal to work” and designated as voluntarily terminating employment. This could potentially disqualify a claimant from receiving unemployment benefits. Employers may report this activity by emailing returntowork@oesc.state.ok.us, calling 405-962-7524, or mailing OESC at P.O. Box 52006, Oklahoma City, OK, 73152-2006.

If a claimant returns to work fulltime, they should keep their unemployment claim open with OESC and not certify a weekly claim. If they return part-time, a claimant may continue to certify their weekly claim and must report all gross earnings for the week to potentially receive a partial benefit. Eligibility for continued benefits is determined on the circumstances of each individual claimant. Many businesses are looking for employees right now at https://okjobmatch.com .

Recall that an employee who does not return may still claim their failure to return is due to health concerns. The OESC appears to be handling these claims on a case-by-case basis. The rules governing such a claim were discussed in our COVID-19 Alert 15.

By Kristen L. Brightmire, kbrightmire@dsda.com

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