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When offering an opportunity to return to work after a layoff, it is appropriate to provide the employee with a Bona Fide Letter of Employment, detailing the basic information of the offer. Failure to do so, could create misinterpretation of the offer being made and the expectations. The documented offer supports your decision to offer employment and the parameters of the position being offered and the possible refusal.
In the instance of refusal, the following should be documented using a tracking method of the process.
A refusal of suitable work may be disqualifying the employee UI and as such is considered resignation of employment if:
- The offer is a bona fide offer of employment, defined as the work is suitable and the pay is within the range of pay in the labor market for such work.
- A temporary increase in federal UI funds is not good cause to refuse work.
A Bona fide offer is generally defined as an offer that has been made in writing and/or directly with the claimant – a voicemail is not sufficient.
Suitable – is generally accepted as the same pay, hours or duties.
Be sure to keep a record of the offer/denial, since doing so provides support of the outcome of the offer
- Date of the offer and how it was made
- Who made the offer?
- What the offer was (pay, hours, duties, location)
- Start date
- How the offer was refused (by phone, text, US Mail, email)
- Who received the refusal?
- Reason for the refusal
Pinnacle can help. Call the HR Department at (210) 344-2088.
Bona Fide Offer Sample Letter
May 11, 2020
[Employee last known address]
Dear [Employee name],
I hope this notice finds you safe and well during this unprecedented time. We are pleased to announce [Company name] has begun employment recall procedures.
Our records indicate you were laid off on [date] at which time we had no work available for you, due to mandated COVID closure. You were notified your position was subject to recall upon reopening.
I am pleased to notify you your position of [name of position] is now available, and this is your official recall notice. Please report to work on [date] at [time] and report directly to [name of supervisor). Your rate of pay will be $XX.XX. per hour. You will be paid on the Company’s regular pay period date.
Your work schedule will be: Full Time (hours of work per week). All other terms and conditions of your employment, including your prior work history, and all of the documents you previously signed are still in affect
These terms include:
· The Employee Handbook and Company policies including, without limitations, the harassment and discrimination policy and compliant procedures.
· Your benefits and any authorizations for deductions, beneficiaries and or contributions
· Your Direct Deposit, any changes you wish to make, or sign up for Direct Deposit or Bank card?
· I-9 Rehire authorization section on document (manager will authorize upon your return)
Any changes you would like to make to your W-4 document (taxes), your address, changes to your name?
You must contact [name of supervisor at (xxx) xxx.xxxx, no later than [date] to confirm your receipt of this notice and your intention to return to work.
Should you not report to work on the day and time indicated above, we will consider that action as a declination of work and will consider this a resignation of your position, and you may lose your unemployment benefits for work refusal.
Please do not hesitate to contact [name of contact] with any questions you may have regarding this notice. We look forward to working with you again!
Manager Signature Employee Signature
Employee on return date of work please sign in acceptance of offer