DIGEST OF ADJUDICATION PRECEDENTS RW
RW-1 (01/11)
REFUSAL OF WORK
ISSUE/DIGEST CODE Refusal of Work/RW 5.05
DOCKET/DATE ABR-85-5408/12-27-85
AUTHORITY Sections 601 and 603 of the Act
TITLE Refusal of Work
SUBTITLE vs. Voluntary Leaving
CROSS-REFERENCE VL 5.05, Voluntary Leaving; VL 315.05, New Work
The claimant was working as a Secretary when her employer notified her that her job would be abolished, and that, at the same
time, a job as a Riveter would be made available to her. The claimant feared that, if she took a job as a Riveter, her secretarial
skills would decline, so she rejected the Riveter position, telling her employer she would rather quit.
The issue presented was whether the claimant's separation from work was a Voluntary Leaving cognizable under Section 601 or a
Refusal of Work under Section 603.
HELD: Unless there is an interruption in the employment relationship, resulting in a worker becoming an unemployed individual
prior to an offer of new work, a Refusal of Work issue under Section 603 cannot arise. In the instant case, the claimant was
employed when her employer approached her about changing jobs. Therefore, Section 603 was inapplicable.
(See VL 315.05, New Work, for disposition of this case)
ISSUE/DIGEST CODE Refusal of Work/RW 5.05
DOCKET/DATE ABR-88-338/3-25-88
AUTHORITY Sections 601 and 603 of the Act
TITLE Refusal of Work
SUBTITLE vs. Voluntary Leaving
CROSS-REFERENCE VL 5.05, Voluntary Leaving; RW 330.05, Offer of Work
The claimant obtained work as a machinist through a temporary employment service (his employer) which would refer him to its
clients. The employment service's policy was that workers, upon completion of assignments, should contact the service and apply
for other assignments. Upon completion of an assignment which had run from February 13 through March 25, the claimant chose
not to contact the employer's service.
The threshold issue was whether the claimant's actions were to be considered under Section 601A, Voluntary Leaving, or Section
603, Refusal of Work.
HELD: Whether a worker has quit a job or refused a job is determined by whether the worker was employed or unemployed at the
time of a purported offer of new work. In this case, the claimant completed an assignment and was unemployed at the time new
work was purportedly made available. Therefore, the issue was Refusal of Work, cognizable under Section 603 of the Act.
