AB 939

Current law requires each employer that is notified of a claim for

unemployment insurance (UI) benefits to promptly inform the Department of

Workforce Development in writing as to any eligibility question in objection to such

a claim together with the reasons for the objection.

This bill requires an employer that is notified of a claim for UI benefits to fully

and promptly respond to DWD as to any eligibility question that may be at issue with

respect to the claim, regardless of any objection to the claim on the part of the

employer. The bill also provides that an employer may report to DWD whenever 1)

an individual declines a job interview or job offer; 2) an individual fails to respond

to a job interview offer or job offer; 3) an individual fails to attend a scheduled job

interview without attempting to reschedule the job interview; 4) a UI claimant is

unavailable for, or unable to perform, work actually available within a given week;

or 5) under certain circumstances, the employer recalls a former employee receiving

UI benefits who fails to return to work. The bill requires DWD to consider these

reports in determining claimants' attachment to the labor market. The bill also

provides that a UI claimant is not considered to have conducted a reasonable search

for suitable work in a given week, and is therefore ineligible for benefits for that

week, if the claimant had one or more credible reports without good cause of declining

a job interview, failing to respond to a job interview offer, or failing to attend a job

interview in that week. The bill, however, provides that the first such credible report

is to be disregarded and allows subsequent reports to be disregarded upon certain

showings by a claimant. The bill requires DWD to investigate each such report as

needed to determine its effect on claimants' eligibility for benefits. DWD must

include information on reports submitted by employing units under the bill in its

annual UI fraud report made to the Council on Unemployment Insurance, including

actions taken by DWD in response to the reports and their effect on claimants'

eligibility for benefits. In addition, the bill requires that this annual fraud report be

submitted to the appropriate standing committees of the legislature.

The bill requires DWD to have in effect methods to address any circumstances

in which a claimant for UI benefits fails to return to work or to accept suitable work

without good cause or is unavailable for work or unable to work, including reporting

methods for employers and a notice from DWD to claimants about the laws governing

such circumstances.

Finally, the bill requires, instead of allows, DWD to act to recover overpayments

in certain circumstances and requires overpayments to be repaid in cases where an

individual makes misrepresentations to obtain benefits in the name of another

person.