Determination of Job Quit/Refusal of Employment 400-19-45-75-20

(Revised 10/1/10 ML #3241)

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Upon receipt of the application, 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 has been determined that a bona fide offer was refused or employment was terminated by a household member without good cause during the 30-day period prior to the date the application is filed, the household will be ineligible for 30 days following the actual date of refusal or termination of employment. The earliest date the household could be determined eligible is the 31st day after refusal or termination. (The day of refusal or termination is not counted as part of the 30-day period.)

Example: The household applied for TANF on April 15th. Head of household was employed until April 14th, when the employer fired the individual for poor attendance. A firing due to poor attendance would be considered a job quit.  

 

The household will not be eligible for TANF until the 31st day AFTER the job quit or effective May 15th.   The application must be denied for April.  The same application can be used to register and determine eligibility for May. The automated computer system will pro-rate the May benefit from May 15th, the date of eligibility based on the job quit.

 

Effective June 1, 2010, JOBS Employment Contractors will be required to make a good cause determination of a job quit or refusal of employment for TANF applicants who quit a job or refuse employment any day following the TANF Application Date. The JOBS Referral has been enhanced to display the TANF Application Date.  

Note: The TANF Eligibility Worker is required to make the job quit or refusal of employment determination for periods prior to or on the TANF Application date.

 

The following procedure will be followed by the JOBS Employment Contractors when determining whether an individual Quit a Job or Refused Employment with or without ‘good cause’:

  1. 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 (b) and (c) 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.