N.J. Admin. Code § 10:90-4.14

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:90-4.14 - Voluntary quit (recipients)

(a) An adult recipient who voluntarily quits a job, without good cause, shall render the entire assistance unit ineligible for WFNJ cash assistance benefits for a period of two months from the date the county agency or municipal agency, as appropriate, makes the determination that the recipient quit the job.

1. When a WFNJ recipient reports the loss of earned income, the county or municipal agency, as appropriate, shall determine if any adult household member has quit or terminated his or her most recent job, without good cause (see (c) below for good cause).

2. Changes in employment status that result from a permanent reduction in hours of employment while working for the same employer; terminating a failing self-employment enterprise; or resigning from a job at the demand of the employer shall not be considered a voluntary quit.

(b) Such voluntary cessation of employment by recipients, without good cause, may include, but are not limited to, situations where individuals were discharged from employment due to an action or inaction on his or her part in violation of the employer's written rules or policies, or lawful job related instructions.

(c) The individual who voluntarily ceased employment shall be responsible for providing the necessary information so that a good cause determination can be made. Good cause as it relates to voluntary cessation of work shall exist when:

1. Transportation of any means or mode, if required for the job, is unavailable.

2. Child care is necessary for a child under 13 years of age or for a special needs child up to the age of 18 and appropriate child care, as defined in 10:90-5.2 and 5.3, is not available.

3. The individual has been discriminated against by the employer when a formal complaint, appeal or lawsuit is pending and this has been verified by the State Department of Labor or other appropriate source.

4. Work demands render continued employment unreasonable, such as working without being paid on schedule.

5. Work conditions are in violation of Occupational Safety and Health Act (OSHA) and potentially pose a risk to an individual's health or safety.

6. A resignation is recognized by the employer as retirement when the person is 60 years of age or older.

7. An individual is prevented from working as a result of lawful strike by other employees or lockout by the employer.

8. The individual is physically or mentally unable (unfit) to perform the employment, as established by documentary medical evidence or verified information obtained from other sources.

9. Circumstances beyond the individual's control prevent continued employment such as loss of driver's license or insurance or a change in shift or hours of employment causing loss of the individual's regular means of transportation (when transportation does not exist and is necessary), break down of transportation or child care arrangements and client has demonstrated attempts to alleviate problems and temporary illness or disability as determined on a case-by-case basis.

10. Problems caused by an inability to speak or write English as determined by the employer shall constitute good cause.

11. The individual is a victim of family violence and must leave the job because of harassment or threats by the batterer.

N.J. Admin. Code § 10:90-4.14

Recodified in part from 10:90-4.11 and amended by R.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
Rewrote the section. Former N.J.A.C. 10:90-4.14, Appeals, recodified to N.J.A.C. 10:90-4.19.
Special amendment, R.2008 d.182, effective 6/3/2008.
See: 40 N.J.R. 4232(a).
Deleted (d).