Legal Question in Employment Law in California

Unemployment benefits and declining a job offer

While unemployed and accepting benefits, I interviewed for a job ~60 miles from my home and was offered the job. Sadly, the pay rate was unacceptable, particularly considering the commute. I didn't know what the pay rate was prior to the interview. The costs of the commute would be substantial, and I could not carpool or take the train (a vehicle was required for the job). A few weeks later, the prospective employer contacted me and asked if I would be interested in doing P/T contract work (while he continued to seek FTEs), some of which would be done from my home during off hours (web design) thereby reducing commutes to the company's physical location to two days a week. At a substantially higher hourly rate, I took the contract work, reported my income to EDD, and continued seeking FTE work. Several months later, now the contract has ended and I am reopening my previous unemployment claim. Will EDD have a problem with my not having taken the proffered job because of a) the nasty commute (sometimes up to three hours in LA traffic) and b) the low rate of pay? Will it impact their decision regarding this issue that I *did* take contract work from that same employer, but under different conditions than the full-time employment?


Asked on 11/04/03, 10:11 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Unemployment benefits and declining a job offer

If you can show that accepting the job would have created a hardship on you, due to the low pay and travel impacting other aspects of your life, you should be okay. Traveling 60 miles to work isn't necessarily unreasonable, but it could be depending on your individual circumstances. Be prepared to explain to EDD how a reasonable person in your circumstances would not have been able to accept the first job.

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Answered on 11/07/03, 6:01 pm


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