Legal Question in Employment Law in Kansas

Unemployment benefits

I'm in retail. Ive never been reprimanded til last week. I made a trip out of town(3 days off)expecting to be back the 4th day, due to work that afternoon. I didnt feel well that morning, or capable of driving. I called my employer at 8am letting them know I was ill and wouldnt be in. I was told this was unacceptable, though our policy allows for sick time, and had to show. I didnt go to work that day but went the next day at my due time and was terminated for inappropriate behavior. Shocked, this was my 1st ''unacceptable'' offense and only the 2nd day I had been sick in a year I filed unemployment 2 days later. 4 days later I got a message from them. They wanted to re-instate me and apologize for being hasty in firing me. The manager who fired me has harrassed me about my work performance when other managers have stated my performance is good. My question is: Am I obligated to accept the same position, in a somewhat hostile setting, from a company that fired me? Will not accepting it be considered refusing work, therefore losing my unemployment benefits? Ive no desire to go back fearing this unjust treatment can continue but I cant go without income for any period of time as I have obligations to meet.

Thanks for your time.


Asked on 12/03/03, 3:57 pm

1 Answer from Attorneys
Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: Unemployment benefits

There is a good chance that you will lose the right to get UI if you refuse the reinstatement. You would need to show that the conditions at your employment were so bad that no reasonable person would have returned. If conditions are that bad, you need to consider whether there is illegal discrimination going on.

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Answered on 12/05/03, 7:57 am


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