Wisconsin Administrative Code
Department of Children and Families
DCF 101-199 - Family and Economic Security
Chapter DCF 101 - Wisconsin Works
Section DCF 101.21 - Sanctions - Refusal to participate
Universal Citation: WI Admin Code ยง DCF 101.21
Current through August 26, 2024
(1) In this section:
(a) "Appropriate" means consistent with an
individual's employability plan.
(b) "Employer" means a person, entity, or
Wisconsin works agency that provides employment for an individual.
(c) "Employment" means work, work experience,
or training assigned to an individual.
(d) "Individual" means a participant in a
Wisconsin works employment position or a second parent in the participant's
Wisconsin works group who is subject to a work requirement under s. DCF 101.27.
(e) "Misconduct" means one
or more actions or conduct evincing such willful or wanton disregard of an
employer's interests as is found in deliberate violations or disregard of
standards of behavior which an employer has a right to expect of its employees,
or in carelessness or negligence of such degree or recurrence as to manifest
culpability, wrongful intent, or evil design of equal severity to such
disregard, or to show an intentional and substantial disregard of an employer's
interests, or of an employee's duties and obligations to an employer. In
addition, "misconduct" includes any of the following:
1. A violation by an individual of an
employer's reasonable written policies concerning the use of alcohol beverages,
controlled substances defined in s.
961.01(4),
Stats., or controlled substance analogs defined in s.
961.01(4m),
Stats.
2. Theft of an employer's
property or services with intent to deprive the employer of the property or
services permanently, theft of currency of any value, felonious conduct
connected with an individual's employment with an employer, or intentional or
negligent conduct by an individual that causes substantial damage to an
employer's property.
3. Conviction
of an individual of a crime, while on or off duty, if the individual is unable
to perform the duties that the individual performs for an employer due to the
conviction.
4. One or more threats
or acts of harassment, assault, or other physical violence by an individual at
an employment site.
5. Use of
profane or abusive language directed toward staff or others at an employment
site.
(f) "Participation
period" means the 16 th of one month to the 15 th of the next month.
(g) "Training" means education or training
assigned by the Wisconsin works agency under s.
49.147(3) (am), (4) (am), or (5) (bm),
Stats.
(2) A Wisconsin works agency shall provide to each individual in the program a written description of the following:
(a) The
individual's obligation to participate in assigned activities.
(b) The actions under sub. (3) that
demonstrate a refusal to participate.
(c) The individual's ineligibility to
participate in the Wisconsin works program for 3 months if an individual in the
Wisconsin works group demonstrates a refusal to participate.
(3) An individual demonstrates a refusal to participate if the individual does any of the following:
(a) Is discharged from employment for
misconduct or engages in misconduct on the premises of an employer.
(b) Fails to appear or appears more than 15
minutes after the scheduled start time of an interview with a prospective
employer, a job fair, or a meeting with a prospective employer that was
arranged by the Wisconsin works agency.
(c) Leaves an interview or a meeting with a
prospective employer prior to the conclusion of the interview or
meeting.
(d) Appears for an
interview or a meeting with a prospective employer wearing inappropriate attire
or exhibiting inappropriate grooming after receiving written or oral directions
or training on appropriate attire and grooming.
(e) Fails to complete a job application
required by a prospective employer.
(f) Communicates to a prospective employer an
unreasonable requirement for salary, hours of employment, or working conditions
that disqualifies the individual from employment with that employer.
(g) Provides incorrect or incomplete
information regarding employment qualifications in an interview or job
application that disqualifies the individual from employment with the
prospective employer after receiving written or oral directions or training
from the Wisconsin works agency regarding interviewing and filling out
employment applications.
(h)
Voluntarily leaves appropriate employment or refuses a bona fide offer of
appropriate employment.
(i) Is a
member of a Wisconsin works group whose benefit has been reduced by 20 percent
or more under s.
49.148(1) (b) or (c), Stats., for 2 consecutive
participation periods or for 3 non-consecutive participation periods in a
rolling 6-month period.
(j) Refuses
or fails to follow a verbal or written direction from Wisconsin works agency
staff or staff at an employment site.
(k) Uses vulgar or profane language or
engages in abusive behavior directed towards staff or others in the Wisconsin
works agency or employment site.
(l) Violates written work rules developed by
the employer, if the work rules were provided to the individual and there is a
signed acknowledgement of receipt of the work rules in the individual's case
record.
(4) Notwithstanding sub. (3) (intro.), an individual who does any of the actions specified in sub. (3) (a) to (L) does not demonstrate a refusal to participate if the Wisconsin works agency determines that the individual has good cause under s. DCF 101.20.
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