An Act To Amend the Unemployment Compensation Law Regarding Denial of Benefits for Refusing To Accept Work
Maine Legislature, Session 125, LD 0136
Committee: Labor, Commerce, Research and Economic Development
Sponsors: WOOD, MASON, CLARK, PRESCOTT
Amends: 26 MRSA §1193

Legislative Document 
No. 136 
H.P. 118 
House of Representatives, January 20, 2011 
An Act To Amend the Unemployment Compensation Law 
Regarding Denial of Benefits for Refusing To Accept Work 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WOOD of Sabattus. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: CLARK of Easton, PRESCOTT of Topsham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §1193, sub-§3, as amended by PL 1983, c. 650, §1, is further 
amended to read: 
3.  Refused to accept work. For the duration of his unemployment subsequent to his 
having refused the individual's refusing to accept an offer of suitable work for which he 
the individual is reasonably fitted, or having refused; the individual's refusing to accept a 
referral to a suitable job opportunity when directed to do so by a local employment office 
of this State or another state or if an employer is; a former employer's being unable to 
contact a former employee the individual at the individual's last known or given address, 
for the purpose of recall to suitable employment; the individual's being unable to accept 
an offer of employment from a previous employer due to the individual's unreasonably 
forfeiting a license or other qualifying credential necessary for employment; or the 
individual fails individual's failing to respond to a request to report to the local office for 
the purpose of a referral to a suitable job, and the.  The disqualification shall continue 
continues until claimant the individual has earned 8 times his the individual's weekly 
benefit amount in employment by an employer. If the deputy determines that refusal has 
occurred for cause of necessitous and compelling nature, the individual shall be is 
ineligible while such that inability or unavailability continues, but shall be the individual 
is eligible to receive prorated benefits for that portion of the week during which he the 
individual was able and available.  
A.    In determining whether or not any work is suitable for an individual during the 
first 12 consecutive weeks of unemployment, the deputy shall consider the degree of 
risk involved to his the individual's health, safety and morals, his the individual's 
physical fitness and prior training, his the individual's experience and prior earnings, 
his the individual's length of unemployment and prospects for securing local work in 
his the individual's customary occupation, and the distance of the available work from 
his the individual's residence.  
In determining whether or not work is suitable for an individual after the first 12 
consecutive weeks of unemployment, the deputy shall consider the degree of risk 
involved to his the individual's health, safety and morals, his the individual's physical 
fitness, his the individual's prior earnings, his the individual's length of 
unemployment and prospects for securing local work in his the individual's 
customary occupation and the distance of the available work from his the individual's 
residence. The individual's prior earnings shall may not be considered with respect to 
an offer of or referral to an otherwise suitable job which that pays wages equal to or 
exceeding the average weekly wage in the State of Maine. 
B.    Notwithstanding any other provisions of this chapter, work shall may not be 
deemed considered suitable and benefits shall may not be denied under this chapter to 
any otherwise eligible individual for refusing to accept new 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 are substantially less 
favorable to the individual than those prevailing for similar work in the locality;  
(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;  
(4)  If the position offered is the same one previously vacated by the 
claimant individual for good cause attributable to that employment or is the 
position which that the employee left for reasons attributable to that employment, 
but which that were found insufficient to relieve disqualification for benefits 
under subsection 1, paragraph A, provided that as long as, in either instance, the 
specific good cause or specific reasons for leaving have not been removed or 
otherwise changed; and  
(5)  If the position offered is on a shift, the greater part of which falls between the 
hours of midnight to 5 a.m., and is refused because of parental obligation, the 
need to care for an immediate family member, or the unavailability of a personal 
care attendant required to assist the unemployed individual who is a handicapped 
person. 
SUMMARY 
Current unemployment benefit law provides for the disqualification from receipt of 
unemployment compensation of an individual who refuses to accept an offer of suitable 
work or is unable to be located by a prior employer, among other reasons.  This bill adds 
to that list an individual who forfeits, unreasonably, a license or other credential 
necessary for employment by a former employer.