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Determining whether work is ‘suitable’ can be subjective

August 2020 employment law letter
Authors: 
Alyssa Lazar, Steptoe & Johnson PLLC

Q         Can a person receiving unemployment benefits refuse to accept a job offer if it’s 25 miles from her home?

A   A person receiving unemployment benefits can refuse a job offer if the job being offered isn’t considered “suitable work.” Is a job 25 miles away from a person’s home considered unsuitable? It depends.

The term suitable is quite subjective. A job that is unsuitable in a strong economic environment (not right now) may be the applicant’s best option when unemployment remains high (such as right now). Suitableness also depends on a number of factors, including a person’s fitness for traveling, previous work experience, wages, and means for transportation.

For example, a job that is 25 miles away will be considered suitable if a person previously had around a 25-mile commute, or if the job offers comparable wages and hours to one’s previous job. Another consideration is whether the time required to commute is customary for others in that person’s occupation, community, and locality. The commute cannot be considered unreasonable if others are making the same commute. Further, in some occupations, such as construction and entertainment, workers often are required to travel long distances to obtain work.

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