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Jarvis (Peoples State Bank)13.17

Section 29(1)(e)

REFUSAL OF WORK, Suitable work, Part-time work, Fringe benefits

CITE AS: Jarvis (Peoples State Bank), 1982 BR 78618 (B81 08578).

Appeal pending: No

Claimant: Patricia Jarvis

Employer: Peoples State Bank

Docket No: B81 08587 78618

BOARD OF REVIEW HOLDING: A claimant may refuse an offer of work without disqualification if acceptance of the offered work would result in an immediate and substantial economic loss.

FACTS: Claimant worked for the employer and its predecessor as a full-time bank teller for eight years. Her full-time status entitled her to a package of fringe benefits, including paid vacation, medical insurance, sick pay and a pension plan. As a result of a merger and consolidation of offices, claimant's full-time position was eliminated. While still on the employer's payroll she was offered a part-time position without fringe benefits, which she refused.

DECISION: Claimant is not disqualified for refusal of work.

RATIONALE: When evaluating a refusal of work situation, the suitability of the work, in light of various factors, including prior earnings, must be considered. "[T]he claimant was not yet unemployed when she refused the offer of part-time work. She was under no duty to bury her financial sights instantaneously. We hold that the offered work was unsuitable. By excluding paid vacations, medical insurance, life insurance, sick leave and participation in a pension plan, the offer was immediately and substantially below the claimant's prior earnings."


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