11.6.1 Case Closures for Refusal to Participate

11.6.1.1 Demonstrating a Refusal to Participate

11.6.1.2 Determining the Date of Refusal to Participate

The purpose of the refusal to participate policy is to require a standard of conduct from program participants to prepare them for Unsubsidized Employment in the general economy through participation in employment positions in the W-2 program.

The refusal to participate policy applies to the W-2 Employment Position s, which include:

TEMPTrial Employment Match Program;
CSJCommunity Service Job ; and
W-2 TW-2 Transition.

The W-2 Group is ineligible to participate in the W-2 program for 90 calendar days if the FEPFinancial and Employment Planner determines that:

A participant in a TEMP, CSJ, or W-2 T placement demonstrates a refusal to participate without good cause; or
A second Parent in the participant’s W-2 Group who is subject to the work requirement under the two-parent policy (See 14.3) demonstrates a refusal to participate without good cause.

11.6.1.1 Demonstrating a Refusal to Participate

The FEP must close a case when:

A TEMP, CSJ, or W-2 T participant demonstrates a refusal to participate in the W-2 program without good cause; or
A second parent in the participant’s W-2 Group who is subject to the work requirement under the two-parent policy (See 14.3) demonstrates a refusal to participate without good cause.

A participant demonstrates a refusal to participate when the individual:

Is terminated from employment for misconduct or engages in misconduct on the premises of an employer.
1. ‘Misconduct’ means an act by the individual that shows an intentional and substantial disregard of the employer’s interests or of the individual’s job duties and obligations. It does not mean an act of an isolated instance of carelessness and ordinary negligence or good faith errors in judgment.
2. ‘Misconduct’ includes:
  - A violation by an individual of an employer’s reasonable written policies concerning the use of alcohol or controlled substances.
  - 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.
  - Conviction of an individual of a crime that was committed on or off duty, if the individual is unable to perform the duties that the individual performs for an employer due to the conviction.
  - One or more threats or acts of harassment, assault, or other physical violence by an individual at an employment site.
  - Use of profane or abusive language directed towards staff or others at an employment site
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 W-2 agency.
- Failure to appear or appearing more than 15 minutes late does not include instances where there was a mistake, inadvertence, misunderstanding on the part of the individual, or other good cause.
Leaves an interview or a meeting with a prospective employer prior to the conclusion of the interview or meeting.
Appears for an interview with a prospective employer wearing inappropriate attire or exhibiting inappropriate grooming after receiving written or oral directions or training on appropriate attire and grooming.
- “Attire” means clothing and excludes jewelry and accessories. Examples of inappropriate attire include clothing with profane language, offensive references to a specific gender, ethnic, racial or religious group, vulgar messages, and references to alcohol and controlled substances.
- “Grooming” means unclean, unkempt, or inappropriate dress or grooming which adversely affects proper performance of duties or the image of the employer
Fails to complete a job application required by a prospective employer.
- A job application is “complete” when an individual submits the job application required by the prospective employer using the method specified by that employer.
- Failing to complete a job application does not include instances where there was a mistake, inadvertence, or misunderstanding on the part of the individual.
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.
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 W-2 agency regarding interviewing and filling out employment applications.
- Examples of employment qualifications include criminal convictions; work history; educational attainment; credentials and certificates; driving record or possession of a valid driver’s license; and salary history and expectations.
- Providing incorrect or incomplete information regarding employment qualifications does not include instances where there was a mistake, inadvertence, or misunderstanding on the part of the individual.
Quits appropriate employment or refuses a bona fide offer of appropriate employment.
- “Appropriate” means consistent with an individual’s employability plan.
Fails to participate in assigned activities and W-2 payments are reduced by 20% or more for two consecutive participation periods, or for three non-consecutive participation periods in a rolling six-month period.
Refuses or fails to follow a verbal or written direction from W-2 agency staff or staff at an employment site.
- Refusing or failing to follow a verbal or written direction does not include instances where there was a mistake, inadvertence, or misunderstanding on the part of the individual.
Uses vulgar or profane language or engages in abusive behavior directed towards staff or others in the W-2 agency or employment site.
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.
- Examples of work rules are dress codes, attendance policies, health and safety standards, use of company property, and appropriate workplace behaviors.
- A violation of written work rules does not include instances where there was a mistake, inadvertence, or misunderstanding on the part of the individual

11.6.1.2 Determining the Date of Refusal to Participate

The date of refusal to participate is the date that the participant demonstrated the refusal to participate.

EXAMPLE 1: The W-2 agency arranges an interview for a participant with an employer on March 18, and the participant was a no-call, no-show to the interview. On March 22, the FEP learns that the participant did not show for the interview. The date of refusal to participate is March 18.

EXAMPLE 2: A participant fails to participate in assigned activities and their May and June W-2 payments are reduced by 20% or more for two consecutive months as a result. At W-2 Pulldown, CWW issues letter Notice of Potential W-2 Payment Reduction (NWSN) to the participant with a good cause due date of June 6. The participant does not submit good cause by June 6. The date of refusal to participate is June 6, the final date that any good cause can be received for the 20% or more payment reduction.

History: Release 24-07; Release 18-04;.Release 13-01; Release 12-05.