1105.025.60 Applying Voluntary Quit Decision

IM-#103 October 4, 2004,  IM-#9, February 6, 2002IM-#32 April 1, 1999

Apply the voluntary job quit decision to EUs in the following manner.

1105.025.65 Claims Due to Voluntary Job Quit

IM-#52 May 30, 2013, IM-#103 October 4, 2004,  IM-#32 April 1, 1999

When it is discovered following the Food Stamp certification that a voluntary job quit occurred while the application was pending, apply a sanction as if the case had been a participating EU at the time of the job quit. See section 1105.025.60 Applying Voluntary Quit Decision.

Do not do a claim.

Complete the following actions:

The penalty period begins with the first month after the FA-510 expires. Refer to the Notices section.

NOTE: The EU's benefits may increase when the sanctioned individual and their income is removed.

If a voluntary job quit occurs or is determined in the last month of a certification period, apply the appropriate penalty period beginning the day after the certification period ends.

1105.025.70 Work Registration for Strikers

IM-#103 October 4, 2004,  IM-#32 April 1, 1999

An EU member not working because of a strike or a lockout at his/her place of employment is not sanctioned solely for bing on strike unless the strike is in violation of the section 208 of the Labor-Management Relations Act (29 U.S.C. 78) (commonly known as the Taft-Hartley Act) or an injunction has been issued under Section 10 of the Railway Labor Act. To enjoin a strike under the Taft-Hartley Act or Section 10 of the Railway Labor Act, the appropriate federal court must determine, upon petition of the President of the United States, that a strike or a threatened strike affecting an entire industry or a substantial part of it, jeopardizes the national health or safety or essential transportation service.

For example, in the case of the United Steel Workers of America vs. U.S., the Taft-Hartley Act was invoked. In these situations, the entire EU in which the person refusing an offer of employment at the struck plant is disqualified unless it can be shown that the striker was exempt from registration the day before the strike for a reason other than employment. Even a limited issuance to the EU could undermine the intent of federal legislation at a time of national crises and could prolong the strike enjoined by court order.

1105.025.75 Reapplication After Sanctioning for Work Registration (METP)

IM-#113 December 29, 2008, IM-#103 October 4. 2004, IM-#9 February 6, 2002, IM-#32 April 1, 1999

If an individual requests reapplication while serving a work registration (METP) sanction, accept the application. The application will pend for compliance. Outstanding verification for compliance of the sanctioned individual is created. If the sanction is a MTP sanction, refer the individual to DWD by entering code 25 in the Employment Assessment (FMMS) screen and by sending the IM-311 Referral and Transmittal form with the individual. Include the FSD fax number and note on the form the individual is being referred to end a Food Stamp sanction.

New applications pend for 30 days and timely reapplications pend until the end of the certification. If a compliance date is not entered and the sanction ended by the application due date, the application is rejected if a single person EU or the sanctioned individual is rejected and eligibility determined for the remainder of the EU if there is no other outstanding verification. The sanctioned individual is included in the EU with an IC role.

If the sanctioned individual complies prior to the application due date for an initial application, FAMIS determines eligibility for benefits for the month of application. When an individual who is included on an active case (including those making timely reapplication) complies, FAMIS determines eligibility for benefits for the month following the month of compliance.

To end the sanction go to the Sanction/Disqualification (FMAM) screen and enter the compliance date and reason. Refer to the Updating or Ending a Sanction or Disqualification user guide. FAMIS determines the end date.

NOTE: In addition to complying, the individual must also have served the specified number of months of sanction. If the sanctioned individual has not served the appropriate number of months of sanction at the time they comply, they remain ineligible through the last month of the sanction.

If the individual requests reapplication during the ten day conciliation, or prior to the expiration of the FA-510 Adverse Action Notice for proposed sanctioning, accept the application. The application pends and outstanding verification is created to allow the non-complying EU member to comply. If the conciliation or adverse action process is not ended, the sanction will be automatically imposed. Once the sanction is imposed, the pending application is rejected if a one person EU or the individual is rejected and eligibility determined for the remaining EU members at the end of the application timeframe.

If the noncompliance is cured during the ten-day conciliation period, or prior to expiration of the adverse action notice, no sanction is applied and an eligibility determination including the non-complying member as an included EU member is completed. Go to the Sanction/Disqualification (FMAM) screen and delete the sanction. The pended application is processed and benefits issued from the date of application or the first month of the new certification when it is a timely reapplication.

If a sanctioned individual reapplies in the last month of sanction and complies during that month, benefits are denied for the month of application and eligibility is determined for months subsequent to sanction.

1105.030.00 OVERLAPPING DISQUALIFICATION

IM-#103 October 4, 2004

If an EU in which a member is assessed a disqualification period due to an Intentional Program Violation and is also assessed a sanction period due to a voluntary job quit without good cause, an overlap of disqualification periods may exist. The two disqualification periods run concurrently.