To remain eligible for unemployment benefits, people who have been placed on a temporary layoff related to COVID-19 must return to work if called back.
Department of Labor and Regulation Secretary Marcia Hultman says not returning when there is work available could be considered a “refusal of work” and could disqualify claimants from receiving reemployment assistance benefits (unemployment insurance).
Hultman says they’ve had contact with several employers in the last week who say they tried to call an employee back to work, but the individual refused. She says this constitutes fraud and the department will take investigative action.
Businesses may report such activity to RAFraud@state.sd.us.
Hultman adds those called back to work should not cancel their unemployment claims. Instead, they should leave their claim open and not file a weekly request for payment, in case they are laid off again.
The CARES Act specifically provides for serious consequences for fraudulent cases including fines, confinement and an inability to receive future unemployment benefits until all fraudulent claims and fines have been repaid. Individuals are responsible for paying back benefits deemed as overpayments due to ineligibility.
