1105.025.05.35 Refused an Offer of Suitable Employment – DSS Manuals

IM-33 June 24, 2014

Food Stamp participants who are not exempt from the work requirements must accept a bona fide offer of suitable employment. If an active EU member refused an offer of suitable employment without good cause (see 1105.025.35 Determining Good Cause for Work Registration Components ) that member is subject to sanctioning. From the Employment Assessment (EMPLOY/FMMS) screen add work assessment status MNC (mandatory non-compliant).

Refer to the Adding and Updating Employment Assessment Information user guide. FAMIS sends the EU an Information Notice (FA-601) to begin conciliation. If the registrant does not comply by the expiration of the conciliation period, FAMIS creates the sanction on the Sanction/Disqualification (SANDISQ/FMAM) screen and sends the Adverse Action (FA-510) notice. If the participant does not comply by the expiration of the adverse action, FAMIS removes the non-complying EU member from the benefits or closes the case if a one person EU.

Employment is not suitable if the:

Wage offered is less than the highest of the valid Federal minimum wage, State minimum wage, or 80 percent of the federal minimum wage (or training wage) if the Federal or State minimum wage is not applicable

Employment offered is on a piece-rate basis and the average hourly yield the employee can reasonably be expected to earn is less than the wage described above

EU member, as a condition of employment/continuing employment, is required to join, resign from, or refrain from joining any legitimate labor organization

Work offered is at a site subject to a strike or lockout at the time of the offer (this would not apply if the strike has been enjoined under section 208 of the Labor-Management Relations Act, commonly known as the Taft-Hartley Act, or an injunction has been issued under the Railway Labor Act)

Degree of risk to health and safety is unreasonable

Conditions are in violation of applicable health and safety standards

EU member is physically or mentally unfit to perform the employment (this must be documented by medical evidence or by information from other sources)

Employment offered within the first 30 days of work registration is not in the EU member’s major field of experience

Daily commuting time from the member’s home to the job site exceeds two hours per day (the time does not include the transporting of a child(ren) to and from a child care facility) EXCEPTION: The participant is walking to work, the round trip is more than four miles and there is neither public nor private transportation available to transport the individual to the job-site.

Working hours, or nature of the employment, interferes with the member’s religious observances, convictions, or beliefs

Work demands are unreasonable, such as working without getting paid on schedule; or

Employer discriminates based on age, race, sex, color, handicap, religious beliefs, national origin or political beliefs