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New law to force unemployed to take any job

unemployment job applicationArizonans who don’t take pretty much any job after being out of work for at least four weeks will lose their unemployment benefits.

But the change in law that takes effect Aug. 3 does nothing to alter the fact that Arizona has the second-lowest benefits in the country.

Under current law, someone collecting benefits must accept “suitable” work. But the Department of Economic Security is required to consider various factors, including the “risk involved to the individual’s health, safety and morals.”

Other considerations include physical fitness for the work, experience, prior earnings and how long the person has been unemployed. And DES also has to figure in the prospects of the person being able to secure local work in the individual’s customary occupation and the distance to the new job.

The new law signed by Gov. Doug Ducey on Wednesday makes that legally irrelevant after someone has been collecting benefits for four weeks. At that point the person would have to take a job – any job – where the employer is offering to pay someone at least 20 percent more than they are collecting in benefits.

And that’s not much.

Under Arizona law, individuals who are laid off or fired through no fault of their own are entitled to collect payments equal to one-half of what they were earning for up to 26 weeks. The money comes out of a special fund financed by premiums paid by employers.

But here’s the thing: Arizona law limits benefits to $240 a week, no matter how much the person was earning. Only Mississippi has a lower cap.

And that means someone would have to take any work that pays at least $288 a week, the equivalent of about $15,000 a year, no matter how much she or he was earning before.

Ducey provided no explanation for his decision to sign the measure which was approved by the Republican-controlled Legislature without a single Democrat vote.

Sen. Steve Smith, R-Maricopa, who championed the measure, said he is not concerned that people will be forced to accept unsuitable work.

The solution, he said, is simple: Don’t apply for such jobs in the first place. If there’s no offer on the table, he said, someone collecting benefits can’t be accused of refusing to take it.

But it’s not that simple.

During legislative debate on the measure, DES lobbyist Kathy Ber pointed out existing Arizona law requires those on unemployment insurance to engage in “a systematic and sustained effort to obtain work during at least four days of the week.” That same law mandates the person make at least one job contact per day on each of those four days.

Smith was unsympathetic to the possibility that someone who has been collecting benefits for at least four weeks could be forced to take a job that, until now, DES has considered unsuitable.

“You’re supposed to go out and look for a job,” he said, with the benefits simply to provide a financial bridge while people are doing that.

“We shouldn’t say, ‘Pretty please, here’s a job, would you please take it?’ ” Smith continued. “If you’re offered a job that pays you more than your benefit, you should take it.”

That also is the attitude of Rep. Jeff Weninger, R-Chandler, part owner of a firm that runs Dilly’s Deli which has several sandwich shops and Floridino’s Pizza and Pasta.

Like all employers, Weninger pays into the account that funds unemployment benefits. Premiums range from less than 1 percent of the worker’s first $7,000 of wages to nearly 13 percent, with the actual rate dependent on how often a company lays off or fires a worker without cause.

Weninger said he has close to 100 employees.

“I’ve paid a ton of money into this,” he said, blasting “this notion that the government or employers or everybody has to take care of someone cradle to the grave.”

When SB1398 becomes law it would have no immediate impact on how much employers pay. But DES officials said if fewer people overall are collecting, that leaves more money in the special account that finances the benefits, opening the door for future rate decreases.

That account was depleted during the recession when the state’s jobless rate topped 11 percent, with DES having to borrow money from the federal government.

The unemployment rate for March was 4.9 percent, with the April figures due to be announced today Thursday. And DES reports that the fund hit nearly $571.6 million this past June 30, up from $332.7 million a year earlier.

The measure does have a carrot of sorts.

It requires DES to set up a return-to-work program where those collecting unemployment insurance could become an apprentice or intern at certain companies for up to six weeks. The sweetener is they can continue to collect their weekly checks.


  1. Richard Sitongia

    Jeff Weninger is an *** to remark Cradle to the grave! Our state only stands above Mississippi in benifits to the unemployed, Thats a Disgrace with having the 4th largest city in America!

  2. If an unemployed person doesn’t really want a particular job but is forced to take it, the logical response would be to purposefully do substandard work. If an employer fires someone for doing a poor job, rather than a specific egregious act, the former employee can still collect unemployment. So as an employer, I would avoid hiring anyone collecting unemployment for fear that I will go through the expense of hiring and training, only to have an employee who really just wants to be fired. This legislation is simply feel-good chest-thumping with a net negative affect.

  3. bradley taylor hudson

    This is simply about creating a more compliant workforce; a large group of people willing to do the bidding of the wealthy without the power to complain. It’s about making the working-poor the new norm; creating a 2-class society. On it’s surface it seems simple, but the remedy would be complicated. It would involve restructuring government to actually serve the most people; to form policies that would create fair/reasonable wages for workers. This is hard to do when big money buys laws, as it did this one. Voters still have the ultimate power, but of course, we don’t use it. One reason is that we are too busy working at low-paying jobs to stay informed and vote. Again, part of the plan.

  4. Cynthia Rivera

    So I would like to comment on Jamie’s point of view. First of all u should label every person the same. Who r u to judge anyone that has been fired. My husband was fired for no reason seriously. He worked his *** off for this stupid company even work eight to nine days straight closing for this fucked up company. Just for them to fire him for no reason. My husband would rather work than have to collect unemployment. So u should think before u speak n stop being so judgement all.

  5. why didnt this steve smith introduce a bill to RAISE UNEMPLOYMENT ????
    Why is az the bottom of the barrel on everything???? really ?
    miss is one state lower but they wages their are lower
    we need UNIONS IN AZ to put an end to this backwards Republicans !!

  6. This is in reference to the comment made by Jaime.
    Sir after reading your comment it seems to me that you are not familiar with the unemployment benefits program. You stated that you were an employer; as an employer you should be familiar with the laws and programs for unemployment benefits. From your comments and what you stated I would encourage you to look more into depth about the program. What you stated (I would avoid hiring anyone collecting unemployment) is called discrimination. Military members that exit military service, individuals that are laid off, these are just some examples of individuals that are automatically approved for unemployment benefits. Sir, I would gladly avoid applying for employment with your business based on your incompetence as an employer. Semper Fi

  7. This is a ridiculous law and the people who proposed it show their lack of knowledge and wisdom on the matter. First of all, there is NO reason that Arizona pays the second-to-lowest unemployment benefits in the nation. Arizona cost of living is much higher than miss. and wages are higher here. Secondly, forcing people to take a job makes them more likely to fail and be on some other type of government assistance. Having to work at a low paying job still takes up your time and the result is you do not have time to look for a job that suits you and that pays the bills, leading to further financial difficulties. In addition to this, the worker will not be satisfied at a particular job and will not look at the employment as a long term solution and so all training and investment by the employer will be in vain because the employee most certainly will not stay long term

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