11.6.1  Refusal to Participate

11.6.1.1 Demonstrating a Refusal to Participate

W-2Wisconsin Works Participant An individual who participates in any component of W-2.s are required to participate in all assigned activities in their W-2 Employability Plan (EP) A written agreement developed jointly by a FEP and participant that provides an outline of how the participant will achieve a specific employment goal or, if appropriate, a goal to obtain SSI and/or SSDI benefits and how the W-2 agency will assist.. W-2 participants are also required to cooperate with specific W-2 program requirements. When a participant does not comply with assigned activities or does not cooperate with specific program requirements, W-2 nonparticipation and noncooperation policies require the FEPFinancial and Employment Planner to:

·        Work with participants to identify issues related to their missed activities, such as Barrier Something that acts to hinder or restrict employment opportunities.s and other circumstances that contribute to missing activities;

·        Identify any needed accommodations or modifications that will allow them to participate; and

·        Provide services and supports required for them to participate in appropriately assigned activities and to develop the skills they need to manage issues that arise so they do not continue to miss activities without good cause. (See 11.3.1 and 11.4.2)

The refusal to participate policy does not replace nonparticipation and noncooperation policies (see 11.1 and 11.4); however, the FEP must follow the same policies and procedures for initiating action to uncover barriers and take steps to address the barriers that may have caused the refusal to participate. (See 11.6.2.2)

If the FEP determines that a participant in a TEMPTrial Employment Match Program, CSJCommunity Service Job, or W-2 TW-2 Transition placement refuses to participate without good cause, the individual is ineligible to participate in the W-2 program for three months. Three months means 90 calendar days.

If the FEP determines that a second Parent A parent is a: (1)Biological parent; (2)Person who has consented to the artificial insemination of his wife under s.891.40, Stats.; (3)Parent by adoption; (4)Man adjudged in a judicial proceeding to be the biological father of the child if the child is a non-marital child who is not adopted or whose parents are not married to each other; or (5)Man who has signed and filed with the state registrar a statement acknowledging paternity. in the participant’s W-2 Group An adult custodial parent, all dependent children with respect to whom the individual is a legal custodial parent and all minor children with respect to whom the adult individual’s dependent child is a custodial parent. W-2 Group includes any non-marital co-parent or any spouse of the individual who resides in the same household as the individual and any minor children with respect to whom the spouse or non-marital co-parent is a custodial parent. W-2 Group does not include any person who is receiving cash benefits under a county relief block grant program. This is also referred to as the W-2 Assistance Group (W-2 AG) is subject to the work requirement under the two-parent policy (see 14.3) and refuses to participate without good cause, the W-2 Group is ineligible to participate in the W-2 program for 90 calendar days.

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. The FEP must also close a case when a second parent in the participant’s W-2 Group is required to participate in assigned activities because the family is receiving federally funded childcare and refuses to participate without good cause.

A participant is refusing to participate when the individual:

1. Is terminated from employment for misconduct or engages in misconduct on the premises of an employer.

‘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.

‘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.

2. 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.

3. Leaves an interview or a meeting with a prospective employer prior to the conclusion of the interview or meeting.

4. 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.

5. 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.

6. 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.

7. 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.

8. Quits appropriate employment or refuses a bona fide offer of appropriate employment.

“Appropriate” means consistent with an individual’s employability plan.

9. 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 6-month period.

10. 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.

11. Uses vulgar or profane language or engages in abusive behavior directed towards staff or others in the W-2 agency or employment site.

12. 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.

History: Release 13-01; Release 12-05.