(a) The applicant
or recipient shall be responsible to provide the necessary verification to
establish good cause for refusing or leaving employment or work training. The
department may contact the applicant's or recipient's last employer or
prospective employer to corroborate good cause.
(b) The department shall consider
circumstances beyond the dependent adult's control in determining whether there
was good cause. Examples of circumstances beyond the dependent adult's control
include, but is not limited to:
(1) There was
discrimination by the employer based upon age, race, sex, color, handicap,
religious belief, national origin, or political beliefs as evidenced by the
dependent adult's formal appeal made to the proper federal or state agencies
administering equal employment opportunity practices;
(2) The employment or training violated
health and safety laws and regulations which were detrimental to the dependent
adult's health and safety as established by the state department of labor and
industrial relations (DLIR);
(3)
Employment activities were detrimental to the dependent adult's health. Medical
documentation to substantiate the detriment shall be provided;
(4) The wages offered were less than or were
reduced to below the state minimum wage;
(5) The conditions or demands of the job,
such as not being paid, or not being paid on time, made continued employment
unreasonable and the matter was reported to the DLIR;
(6) The dependent adult left the job to
accept a definite and firm offer of employment elsewhere as evidenced by a
letter of confirmation revealing the:
(A)
Name of the employer or the representative of the employer who made the
offer;
(B) Address or telephone
number of the employer; and
(C)
Verified statement from the employer of the actual job offer. When the
employment does not subsequently materialize because of circumstances beyond
the dependent adult's control, this reason shall be considered good
cause;
(7) The
resignation of the dependent adult was recognized by the employer as retirement
and is substantiated by the receipt or pending receipt of retirement or pension
benefits;
(8) The employment or
training was beyond the dependent adult's mental or physical capacity, as
mutually determined by the employer and the dependent adult. If the dependent
adult was determined as being physically capable of doing the work by the
employer, but the dependent adult disagrees, the dependent adult shall provide
a medical statement to verify physical inability to do the job;
(9) Daily commuting time exceeds two hours
per day. Good cause shall exist when both public and private means of
transportation are unavailable in getting to the job site;
(10) The dependent adult's parent, spouse or
child was severely ill and such illness required the dependent adult's presence
when no other care arrangements were feasible;
(11) A pregnant dependent adult leaves work
on the advice of a physician and presents medical verification;
(12) The self-employment business was not
producing an amount equivalent to the state minimum wage after business
expenses were subtracted from the gross income; or
(13) The dependent adult left a job to move
with the family where the spouse was offered or found full-time
employment.
(c) When
verification of good cause for leaving employment is not available for such
reasons as the business is no longer in existence or the doctor is no longer in
practice, a signed statement from the applicant or recipient shall be accepted
as the verification for good cause.
(d) When employment offers were made through
DLIR, the department shall accept the decision of DLIR as to whether the offer
was bona fide or whether there was good cause to refuse employment or
training.
(e) The employment
history of the dependent adult, as a minor, shall not be considered.
