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How employee's refusal to return to work affects jobless benefits

June 2020 employment law letter
Authors: 
Colin H. Hargreaves, Felhaber Larson, P.A.

Although Minnesota continues to reopen, some employees remain steadfast in their desire not to return to work. Some may refuse because the working conditions are unsafe or they generally fear catching COVID-19 during the ongoing pandemic. Others may fear their jobs aren't "suitable employment." Finally, some may be temporarily receiving more benefits from the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Each refusal may affect the individual's continuing claim to unemployment compensation benefits.

Unsafe work conditions

Employees may refuse to return to work because they reasonably believe unsafe conditions exist at their place of employment. To continue receiving benefits, they must show the conditions present an imminent danger of death or serious physical harm that would lead an average worker to quit.

Depending on the factual circumstances, COVID-19 may be an imminent danger of death or serious physical harm. In such cases, you should request information about the employee's particular concerns and seek to allay them by providing clear information about the proactive measures you're taking to address the safety issues.

Generalized fears of returning

If employees have no medical conditions or reasons to believe the workplace is unsafe, a generalized fear of returning isn't enough to remain eligible for unemployment benefits. In such cases, you should again:

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