A recent article published by the Society for Human Resources Management (SHRM) describes the increase in unemployment compensation claims from employees who refuse to return to work after being furloughed during the coronavirus pandemic. Although in most cases employees can’t refuse a recall to work and still collect unemployment, however, Nelson Mullins partner Kristin Ahr spoke with SHRM about what employers can do if there is a legitimate ground to contest an unemployment claim.

She says, “In addition to the usual grounds for contesting unemployment compensation, for example termination for cause or voluntary termination (i.e., the employee quits), if the employer can demonstrate that it has called back the employees from furlough or has documented communications with the employee that their former position is available and waiting for their return, these claims can be contested.”

Ahr urges employers to carefully review their state’s unemployment statutory and regulatory guidance in addition to federal directives as challenges surrounding the pandemic continue to evolve.