Voluntary Quit 400-19-45-75-10

(Revised 6/1/10 ML #3218)

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Voluntary quit is defined as a job termination due to the action or inaction of the terminated individual. This includes failing to attend required training for a job an individual has been hired.

 

Voluntary Quit applies when the individual:

  1. Voluntarily quits a job without good cause;

  2. Simply leaves the job unannounced or does not return to work;

  3. Had been warned by the employer and continues the objectionable behavior after the warning and is terminated;

  4. Is continually late for work or does not show up for work; or

  5. Is terminated for misconduct.

If the individual states they quit a job with good cause, an employer contact may be necessary. However, if the individual is not claiming good cause, an employer contact is not required. In either situation, the information used in the determination must be thoroughly documented in the case file.

 

At the time a household applies for TANF, the TANF Eligibility Worker must determine whether a TANF household member refused a bona fide offer of employment or terminated employment, without good cause, within 30 days prior or equal to the date the TANF Application is filed. If it is determined the household member did not have good cause, the application must be denied.

 

Voluntary Quit does not apply when:

  1. The reason for the termination/reduction was beyond the individual’s control;

  2. Terminating a self-employment enterprise;

  3. Resigning a job at the demand of an employer;

  4. At the time an individual quits a job, new employment at comparable wages or hours had been secured.

Note: If the individual is then laid off, or, through no fault of their own loses the new job, the earlier quit will not be considered a job quit.

 

When a job quit or refusal of employment occurs anytime after the TANF application date, TANF Eligibility Workers will no longer be responsible to make determinations of Voluntary Quit or Refusal of Employment. If the individuals is a JOBS Participant, the determination will be made by the JOBS Employment Contractors based on the good cause determination process.  

 

Upon receipt of a JOBS Referral, the JOBS Employment Contractor must determine if the referral is for a new applicant or an individual in an ongoing case whose ‘good cause’ or ‘exemption period’ is ending. (This can be determined based on the TANF Application Date displayed on the JOBS Referral form.)

  1. If the referral is for a TANF applicant (to meet Up-front Eligibility Requirements and/or complete a Proof of Performance)  AND the job quit or refusal of employment occurred on or after the TANF Application Date (thru the Up-front Eligibility or Proof of Performance Period), the JOBS Employment Contractor must determine if ‘good cause’ exists for the job quit or refusal of employment.

  1. If ‘good cause’ does exist, the TANF Eligibility Worker must be notified that the ‘good cause claim’ was approved and the JOBS participant must continue to follow JOBS requirements.

  2. If ‘good cause’ does not exist, the individual is deemed to have failed the Upfront and/or Proof of Performance requirements and the referral must be returned to the TANF Eligibility Worker.  The TANF Eligibility Worker will deny the TANF application and the individual will need to serve a 30 day disqualification period, beginning the day following the day the job quit or refusal of employment occurred.

Note: Should the individual reapply within 30 days of the job quit or refusal of employment, the TANF Eligibility Worker would make the determination based on policy defined in Section 400-19-45-75-05, Overview.

  1. If the referral is for an individual in an ongoing case whose ‘good cause’ or ‘exemption period’ is ending, and a job quit or refusal of employment occurred:

  1. Prior to the ‘good cause’ or ‘exemption period’ end date, the JOBS Employment Contractor does not take any action as job quit or refusal of employment does not apply during ‘good cause’ or ‘exempt’ periods.

  2. After the ‘good cause’ or ‘exemption period’ end date, the ‘good cause’ process must be initiated.  

  1. If ‘good cause’ exist, the TANF Eligibility Worker must be notified that the ‘good cause’ claim was approved and the JOBS participant must continue to follow JOBS requirements.

  2. If ‘good cause’ does not exist, a recommendation for sanction must be sent to the TANF Eligibility Worker.

  1. If the referral is for an individual in an ongoing case who must complete a Proof of Performance, and a job quit or refusal of employment occurred:

  1. If ‘good cause’ does exist, the TANF Eligibility Worker must be notified that the ‘good cause claim’ was approved and the JOBS participant must continue to follow JOBS requirements.

  2. If ‘good cause’ does not exist, the individual is deemed to have failed the Proof of Performance requirements and the TANF Eligibility Worker must be informed. The case will progress to closure.

Note #1: For (2) and (3) above, the only way to cure the sanction and avoid the case from progressing to case closure is if the individual finds a job that is comparable to the job quit or refused.

 

Note #2: If the individual does not cure the sanction and the case progresses to close, the individual will be required to serve the one (1) month of ineligibility.  Upon reapplication after the one (1) month of ineligibility, the individual will need to complete a Proof of Performance, but may not be required to find a job that is comparable to the job quit or refused in order to regain eligibility.  The Employment Contractor will be responsible to determine the appropriate activity.