Basic Food Work Requirements - Unsuitable Employment and Quitting a Job
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Basic Food Work Requirements - Unsuitable Employment and Quitting a Job


Revised October 28, 2014



Purpose:

WAC 388-444-0060What is unsuitable employment for Basic Food work requirements?
WAC 388-444-0065Am I eligible for Basic Food if I quit my job or reduce my work effort?
WAC 388-444-0070What is good cause for quitting my job or reducing my work effort?
WAC 388-444-0075What are the penalties if I quit a job or reduce my work effort without good cause?

WAC 388-444-0060

WAC 388-444-0060

Effective October 1, 2010

WAC 388-444-0060 What is unsuitable employment for Basic Food work requirements?

If we register you for work, you must accept a bona fide offer of suitable employment in order to be eligible for Basic Food.  We consider employment unsuitable when:

1)    The wage offered is less than the federal or state minimum wage, whichever is highest;

2)    The job offered is on a piece-rate basis and the average hourly yield expected is less than the federal or state minimum wage, whichever is highest;

3)    The employee, as a condition of employment, must join, resign from,  or is barred from joining any legitimate labor union;

4)    The work offered is at a site subject to strike or lockout at the time of offer unless:

a.    The strike is enjoined under the Taft-Hartley Act; or

b.    An injunction is issued under section 10 of the Railway Labor Act.

5)    The employment has an unreasonable degree of risk to health and safety;

6)    You are physically or mentally unable to perform the job as documented by medical evidence or reliable information from other sources;

7)    The employment offered within the first thirty days of Basic Food work registration is not in your major field of experience;

8)    The distance from your home to the job is unreasonable considering the wage, time and cost of commute:

a.    The job is not suitable when daily commuting time exceeds two hours per day, not including transporting a child to and from child care; and

b.    The job is not suitable when the distance to the job prohibits walking and public or private transportation is not available.

9)    The working hours or nature of the job interferes with your religious observances, convictions, or beliefs.




This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 388-444-0065

WAC 388-444-0065

Effective November 22, 2013

WAC 388-444-0065 Am I eligible for Basic Food if I quit my job or reduce my work effort?

1.    You are not eligible for Basic Food if you voluntarily quit your current job without good cause as defined in WAC 388-444-0070, and:

a.    You were working or self-employed and working thirty hours or more per week or you had weekly earnings at least equal to the federal minimum wage multiplied by thirty hours; and

b.    The quit was within sixty days before you applied for Basic Food or any time after; and

c.    At the time of quit you would have been required to register for work as defined in WAC 388-444-0005.

 

2.      You are not eligible for Basic Food if you voluntarily reduce your work effort without good cause as defined in WAC 388-444-0070, and:

a.    You were working or self-employed and working thirty hours or more per week or you had weekly earnings at least equal to the federal minimum wage multiplied by thirty hours; and

b.    The reduction was within sixty days before you applied for Basic Food or any time after; and

c.    If after the reduction,  you are working less than thirty hours per week or your weekly earnings are not at least equal to the federal minimum wage multiplied by thirty hours; and

d.  At the time of the reduction you would have been required to register for work as defined in WAC 388-444-0005.

 

3.   You are not eligible to receive Basic Food if you have participated in a strike against a federal, state or local government and have lost your employment because of such participation.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 388-444-0070

WAC 388-444-0070

Effective November 22, 2013

WAC 388-444-0070 What is good cause for quitting my job or reducing my work effort?

Unless otherwise specified the following rules apply to all persons receiving Basic Food.

  1. You must have good reason (good cause) for quitting a job or reducing your work effort, as defined in WAC 388-444-0065, or you will be disqualified from receiving Basic Food under WAC 388-444-0075.  Good cause includes the following: 
    1. Your employment is unsuitable as under WAC 388-444-0060;
    2. You were discriminated against by an employer based on age, race, sex, color, religious belief, national origin, political belief, marital status, or the presence of any sensory, mental, or physical disability or other reasons in RCW 49.60.180;
    3. Work demands or conditions make continued employment unreasonable, such as working without being paid on schedule;
    4. You accepted other employment or are enrolled at least half time in any recognized school, training program, or institution of higher education;
    5. You must leave a job because another assistance unit member accepted a job or is enrolled at least half time in any recognized school, training program, or institution of higher education in another county or similar political subdivision and your assistance unit must move;
    6. You are under age sixty and retire as recognized by your employer;
    7. You accept a bona fide offer of employment of thirty or more hours a week or where the weekly earnings are equivalent to the federal minimum wage multiplied by thirty hours. However, because of circumstances beyond your control, the job either does not materialize or results in employment of less than thirty hours a week or weekly earnings of less than the federal minimum wage multiplied by thirty hours;
    8. You leave a job in connection with patterns of employment where workers frequently move from one employer to another, such as migrant farm labor or construction work; and
    9. Circumstances included under WAC 388-444-0050.
  2. You are eligible for Basic Food after quitting a job or reducing your work effort if the circumstances of the job involve:
    1. Changes in job status resulting from involuntary reduction of employment hours while working for the same employer;
    2. Termination of a self-employment enterprise; or
    3. Resignation from a job at the demand of an employer.
  3. You must provide proof that you had good cause for quitting a job or reducing your work effort. However, we do not deny your application for Basic Food if you are unable to get proof even with our help. 

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

WAC 388-444-0075

WAC 388-444-0075

Effective November 22, 2013

WAC 388-444-0075 What are the penalties if I quit a job or reduce my work effort without good cause?

1.    If you have applied for Basic Food and have voluntarily quit a job or reduced your work effort as defined under WAC 388-444-0065 without good cause within sixty days before applying for Basic Food, we deny your application and you must have a penalty period as described under subsection (3) from the date of your application. 

2.    If you already receive Basic Food and you quit your job or reduce your work effort without good cause, we send you a letter notifying you that you will be disqualified from Basic Food.  The disqualification in subsection (3) of this section begins the first of the month following the notice of adverse action.

3.    You are disqualified for the following minimum periods of time and until the conditions in subsection (4) of this section are met:

a.    For the first quit or reduction of work effort, one month;

b.    For the second quit or reduction of work effort, three months; and

c.    For the third or subsequent quit or reduction of work effort, six months.

4.    You may re-establish eligibility after serving the disqualification period, if you comply with the work requirements under WAC 388-444-0005 and are otherwise eligible.

5.    If you become exempt from work registration under WAC 388-444-0010, we end your disqualification for a job quit or reduction of work effort unless you are exempt because you are applying for or receiving unemployment compensation (UC), or participating in an employment and training program under TANF.

6.    If you are disqualified and move from the assistance unit and join another assistance unit, we continue to treat you as an ineligible member of the new assistance unit for the remainder of the disqualification period.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

The rules for quitting a job or reducing work effort below thirty hours per week apply to both Basic Food applicants and benefit recipients.

General Requirements

  1. The following requirements apply to all Basic Food clients 16 through 59 years old who:

    1. Quits a job or reduces the work effort within 60 days of application.

    2. Quits a job or reduces the work effort after an application for benefits was submitted but before Basic Food benefits are certified.

    3. Quits a job or reduces the work effort during certification.

    4. At the time of quit or reduction of work effort would have been required to register for work.

  2. The following situations are not considered a voluntary job quit:

    1. Terminating a self-employment enterprise; and

    2. Resigning at the request of the employer.

3.    For a Basic Food applicant, the disqualification lasts at least until 60 days after the date the job quit occurred. This means that the first quit disqualification may be longer than one month. The disqualification cannot be less than the one month unless the client becomes exempt from work registration as described in WAC 388-444-0075 (5).


NOTE: Do not delay benefits to an otherwise eligible person beyond the normal processing time while the outcome of determining good cause is pending.

WORKER RESPONSIBILITIES

Verifying and Documenting a Voluntary Job Quit or Reduction in Work Effort 
  1. Verify the client's claim of good cause if questionable.

  2. The client has the primary responsibility for verifying questionable statements.

  3. Provide assistance if verification is difficult to attain.

  4. Whenever possible, verification should be accepted from but not limited to:

    1. The previous employer;

    2. An employee organization or union; or

    3. A grievance committee or organization.

  5. For an applicant without good cause, disqualify the client from the date of application following ACES procedures below.

  6. For a recipient without good cause, send the notice of adverse action and apply the disqualification the first of the month following the 10-day advance notice.


ACES PROCEDURES

See Disqualified / Sanctioned Assistance Unit / Individual - Quitting a Job Without Good Cause
Modification Date: October 28, 2014