New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 17 - UNEMPLOYMENT BENEFIT PAYMENTS
Subchapter 11 - CLAIMS ADJUDICATION-REFUSAL TO APPLY FOR OR ACCEPT SUITABLE WORK
Section 12:17-11.2 - Suitability of work defined
Universal Citation: NJ Admin Code 12:17-11.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In determining whether or not the work is suitable, consideration shall be given to the degree of risk involved to health, safety and morals, the individual's physical fitness and prior training, experience and prior earnings and employee benefits, the individual's length of unemployment, prospects for securing work in the individual's customary occupation and commuting distance.
1.
For a position to be considered suitable, all of the factors in (a) above must be
judged with respect to the particular individual involved.
2. For purposes of this subchapter, and restricted
to those offers of work made during an individual's benefit year, suitability in
terms of wages means eighty percent of the claimant's average weekly wage (including
the value of employee benefits) during the base year.
3. Notwithstanding any other provisions of this
subchapter an offer of work at a rate of pay less than provided by the State minimum
hourly wage shall be unsuitable.
(b) No work may be deemed suitable, and an individual will not be disqualified for benefits because of his or her refusal to accept work under any of the following conditions:
1. If the position offered is vacant due directly
to a strike, lockout, or other labor dispute;
2. If the wages, hours, or other conditions of
work offered are substantially less favorable than those prevailing for similar work
in the labor market area; or
3. If, as a
condition of being employed, the individual would be required to join a company
union or to resign from or refrain from joining any bona fide labor
organization.
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