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Reopening Your Business and Employees Don't Want to Come Back?

Source: Department of Labor and Workforce Development

Many employees have noticed that the PUA (Pandemic Unemployment Assistance) is paying more than the wages they typically earn at their jobs. This places the employer and small business owner at a disadvantage if the employee chooses unemployment benefits over returning back to work. If this is your scenario, you have options.


The NJ Department of Labor and Workforce Development has the "DOL Notice of Failure to Apply for, or to Accept, Suitable Work - Form BC-6". This form is used to notify the Department of Labor that an employee who filed a claim for unemployment insurance failed to return to work when notified to do so by the employer. Failure to return to work, apply for work, or accept an offer of suitable work may be cause for disqualification. (See Form)

Use of the "DOL Notice of Failure to Apply for, or to Accept, Suitable Work (Form BC-6)


The Department of Labor and Workforce Development uses the information you provide to determine the claimant's eligibility for benefits.

Use by Employer


According to the NJ Department of Labor's website: "The law places the responsibility on the employer to notify us within 48 hours if an employee fails to return to work after being notified to do so. A claimant’s failure to respond to a recall to work may result in a disqualification for benefits. If the claimant is disqualified, the benefit charges to your unemployment experience rating account may be reduced."


More Information and to view the DOL's Form BC-6:

https://nj.gov/labor/handbook/formdocs/FormIntroBC6.html

Funded in part through a Cooperative Agreement with the U.S. Small Business Administration, The New Jersey Small Business Development Centers (NJSBDC) network is also funded by the State of New Jersey and is hosted by Rutgers Business School: Network and New Brunswick.

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