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File an appeal and have the appeal date be the first day you called him back. The employee has no right to unemployment benefits if there is work available, and if he has been offered work he has to take it, or stop collecting.
We had a guy a couple years back do the exact thing, and I waited too long to appeal. I let the guy go for 3 weeks, however when I appealed they went back to the original date of call back, and the employee was responsible to return all unemployment monies he collected from the call back date.
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Matt
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