Tenn. Comp. R. & Regs. 1240-01-03-.46

Current through October 22, 2024

Section 1240-01-03-.46 - DISQUALIFICATION FOR VOLUNTARILY QUITTING A JOB OR REDUCING WORK EFFORT

A household member who voluntarily quits his/her job of at least twenty (20) hours per week or voluntarily reduces his/her work hours to less than thirty (30) hours per week, without good cause, is subject to disqualification from participation in the Food Stamp Program.

(1) A household member who voluntarily quits a job of less than twenty (20) hours per week will be disqualified from the program if his/her weekly earnings were at least equivalent to the federal minimum wage multiplied by twenty (20) hours.

(2) The provision in 1240-1-3-.46(1) does not apply when:

(a) For applicant households, a voluntary quit or voluntary reduction occurred more than sixty (60) days prior to the date of application, unless the household was receiving benefits at the time of the quit or reduction, but the Department did not learn about it until reapplication.

(b) The individual was on leave from a paid position of employment pursuant to the provisions of the Family Medical Leave Act of 1993, unless the individual does not return to work at the end of the period of leave.

(c) An involuntary reduction of work hours is imposed.

(d) The individual terminates a self-employment enterprise.

(e) The individual resigns from a job at the demand of the employer.

(f) The household member who quit his/her job secures new employment at comparable wages or hours and is then laid off, or through no fault of his own loses the new job. In this instance the earlier quit will not require his/her disqualification.

1. "Comparable wages or hours" does not require that the new job pay equal wages or provide equal hours of work; consideration must be given to new employment which might entail fewer hours or a lower salary, but which offers greater opportunities to improve job skills for future advancement.

(g) The individual was determined to have quit or reduced his/her hours with good cause.

(3) Determining Good Cause. Good cause for quitting a job or reducing the hours of employment includes, but is not limited to:

(a) The job is determined to be unsuitable, as described in 1240-1-3-.43(4);

(b) Circumstances beyond the individual's control, such as illness, illness of another household member which requires the individual's presence, a household emergency, or unavailability or transportation;

(c) Discrimination by an employer based on age, sex, race, color, handicap, religious beliefs, national origin, or political beliefs;

(d) Work demands or conditions that render continued employment unreasonable, such as working without being paid on schedule;

(e) Enrollment or at least half-time in any recognized school, training program or institution of higher learning that requires the household member to leave employment or reduce work hours;

(f) Another household member has accepted employment or enrolled at least half-time in a recognized school, training program, or institution of higher education in another county, which requires the household to relocate;

(g) Resignation by a person under age sixty (60) which is recognized by the employer as retirement;

(h) The individual accepted a bona fide offer of employment of more than twenty (20) hours a week or in which the weekly earnings are equivalent to the Federal minimum wage multiplied by twenty (20) hours which, because of circumstances beyond the person's control, the new job does not materialize or results in employment of less than twenty (20) hours a week or weekly earnings of less than twenty (20) times the Federal minimum wage;

(i) The individual left a job in connection with patterns of employment in which workers frequently move from one employer to another, such as migrant farm labor or construction work. The household may apply for food stamps between jobs, particularly when work is not yet available at the new job site. In such instances, the individual will be considered to have quit for good cause if this is a normal pattern of that type of employment.

(4) An employee of the Federal government, or of a state or local government who participates in a strike against such government, and is dismissed from his/her job because of participation in the strike, shall be considered to have voluntarily quit his/her job without good cause.

(5) Verification of Voluntary Quit/Good Cause Determination.

(a) The household has the primary responsibility for providing verification of questionable information related to the voluntary quit/reduction and good cause determination. When it is difficult or impossible for the household to obtain evidence in a timely manner, the county will offer to assist the household. Acceptable sources of verification include but are not limited to:

1. The previous or current employer;

2. Employee associations;

3. Union representative;

4. Grievance committees and organizations;

5. When documentary evidence cannot be obtained, the case manager is responsible for obtaining verification from an acceptable collateral contact provided by the household.

(b) When the circumstances of the quit/reduction cannot be verified for good reasons, the individual member will not be denied participation in the program. Examples of good reasons are resignation from employment due to discriminatory practices or unreasonable demands by the employer, or because the employer cannot be located.

(6) Implementing a Voluntary Quit/Reduction of Work Hours Disqualification.

(a) Applicant Households. When a determination is made that good cause did not exist for the voluntary quit or reduction, the individual will be disqualified from participating in the Food Stamp Program, as follows:

1. for the first violation, one (1) month or until compliance, whichever is later;

2. for the second or subsequent violation, three (3) months or until compliance, whichever is later;

3. The household shall be provided a notice of denial explaining the proposed period of disqualification, the right to reapply at the end of the sanction period, and the right to a fair hearing.

(b) Participating Households. When a determination is made that good cause did not exist for the voluntary quit or reduction, the individual will be disqualified from participating in the Food Stamp Program, effective the month following the expiration of the notice of adverse action, as follows:

1. for the first violation, one (1) month or until compliance, whichever is later;

2. for the second or subsequent violation, three (3) months or until compliance, whichever is later;

3. The household shall be provided a termination notice explaining the proposed period of disqualification, the right to reapply a the end of the sanction period, and the right to a fair hearing.

4. When a participating household requests a fair hearing, with benefits to continue, and the Department's action is upheld, the disqualification will begin the first month after the decision is rendered.

(c) When a disqualified individual joins another household, the sanction will follow the individual who caused the disqualification, and the remainder of the sanction period will apply to that individual.

(7) Ending the Disqualification.

(a) Disqualification of an individual shall be applied for the appropriate minimum time period even if the household member cures the disqualification during that period.

1. If an individual has failed to comply at the end of the minimum disqualification period, the disqualification shall continue until the individual cures the disqualification or becomes exempt from work registration requirements.

2. To cure the disqualification, the member must obtain employment comparable to the employment he/she quit, or increase work hours to at least thirty (30) hours per week unless such an increase is no longer possible through no fault of the employee.

(b) Eligibility may be reestablished during a disqualification period if the member who caused the disqualification becomes exempt from the work registration requirements, other than through the work requirements of a program under Title IV-A of the Social Security Act or Unemployment Compensation.

Tenn. Comp. R. & Regs. 1240-01-03-.46

Original rule filed August 15, 1980; effective September 29, 1980. New rule filed August 28, 1981; effective October 13, 1981. Repeal and new rule filed May 8, 1987; effective August 29, 1987. Amendment filed April 4, 1997; effective June 18, 1997. Amendment filed September 18, 2001; effective December 2, 2001.

Authority: T.C.A. §§ 4-5-201 et seq., 14-27-104, 71-5-304, 7 CFR 273.7, 7 C.F.R. 273.7(d)(2), 7 CFR 273.7(h), 7 CFR 273.7(n)(1)-(5), 7 USC § 2015(d)(1)(A)(v), 7 USC § 2014(g), and 51 Federal Register 250 (December 31, 1986).