Suitable Work Training Adjudication Workflow & Analysis TRAINING PLAN

At the end of this presentation, you will be able to:

• Understand and adjudicate Suitable Work issues

• Understand and determine if the job offer or referral was a bona fide offer of new work

• Understand suitability of work, good cause and job referrals BASIS FOR ADJUDICATION

An unemployed individual may be disqualified for benefits if they have failed without good cause to:

• Apply for available suitable work

• Accept suitable work when offered

• Return to the individual’s customary self employment when directed by the department BONA FIDE OFFER OF NEW WORK

To be able to determine if an individual qualifies for benefits under this section of the law, it must first be determined whether the job offer or the referral was a bona fide offer and if it involved new work.

Bona Fide – A "good faith” offer which is made without intent to defraud or deceive. It is a genuine offer of a specific job whereupon a reasonable person could rely on and the offer has been conveyed to the individual. BONA FIDE OFFER OF NEW WORK

New work can be defined as:

• An offer of work to an unemployed individual by an employer with whom the claimant has never had a contract of employment

• An offer of reemployment to an unemployed individual by the last or any other previous employer with whom the individual does not have a contract of employment at the time the offer is made

• An offer by an individual’s present employer of different duties from those agreed upon in the existing contract or different terms or conditions of employment from those in the existing contract BONA FIDE OFFER OF NEW WORK If it is found a bona fide offer was made, the suitability of the work offered must be investigated by interviewing the claimant and the employer to determine the claimant’s eligibility for benefits.

• Date of the offer • Who made the offer • Details of the job offer • Position • Rate of Pay • Schedule • Work location • Reason for the refusal • Occupation claimant has most experience in • Type of work claimant is seeking • Minimum wage claimant is willing to accept BONA FIDE OFFER OF NEW WORK

If it cannot be determined through interviewing the claimant and the employer that a bona fide offer of work has been made, there is no need to investigate further as no potentially disqualifying issue exists.

DEFAULT Type SUBTYPE RATIONALE DECISION FINDING & REASONING WORKLOAD CREDIT COUNT

Suitable Work No Information Eligible Good Cause-Employer failed Eligible THE EMPLOYER FAILED TO RESPOND TO THE DEPARTMENT'S REQUEST No Provided - to respond. FOR INFROMATION TO SUBSTANTIATE GOOD CAUSE ATTRIBUTABLE TO Employer THE EMPLOYER FOR REFUSING THE JOB. THIS DETERMINATION IS ISSUED IN ACCORDANCE WITH SECTION 443.101, FLORIDA STATUTES.

Suitable Work Not a Bona Fide Eligible -No Bona Fide Offer of Work Eligible INFORMATION HAS BEEN RECEIVED THAT THE CLAIMANT REFUSED AN No Offer OFFER OF WORK. THE INVESTIGATION CONDUCTED ON THIS ISSUE HAS REVEALED THAT NO BONA FIDE OFFER OF WORK WAS MADE TO THE CLAIMANT. THIS DETERMINATION IS ISSUED IN ACCORDANCE WITH SECTION 443.101, FLORIDA STATUTES.

BONA FIDE OFFER OF NEW WORK

When the claimant reports a refusal/referral of suitable work in error, the issue should be voided. BONA FIDE OFFER OF NEW WORK

When an employer responds to the UCB412 and answers ‘yes’ to the question ‘Did the claimant refuse an offer of work,’ the system will create the Suitable Work issue. The adjudicator should review the separation issue and the UCB412 remarks. Many times, the employer is not reporting a refusal of “new work” but simply stating the claimant either did not show up to work or refused to do their existing job. If it is found to be an error, the issue can be voided. SUITABILITY OF WORK

All of the following shall be considered in determining the suitability of work:

• The Claimant's Physical Fitness for the Work Offered

• The Claimant's Prior Training and Experience

• The Claimant's Prior Earnings and the Wages Offered as Compared with Usual Wages for Similar Work in the Area

• Prospects for Obtaining Local Work in the Claimant's Customary Occupation

• The Degree of Risk to the Claimant's Health, Safety and Morals

• The Distance of the Offered Work from the Claimant's Residence

• The Length of the Claimant's Unemployment SUITABILTY OF WORK

Factors Not to Consider in Suitability of Work

Some claimants will refuse an offer of otherwise suitable work for two main reasons:

• Duration of Offered Work - The fact that a job is offered for less than a long term or permanent duration should not be considered in determining the suitability of work. If a claimant refuses a job solely because it is temporary or of a short duration, good cause for refusal cannot be given

• Nonunion Employer - Florida is a "right-to-work" state and our laws provide no special sanctions for union members. If a claimant is a union member and refuses an otherwise suitable job solely because the employer has a nonunion shop and the claimant may face a union fine or expulsion from the union, good cause for the refusal cannot be given. SUITABILTY OF WORK

Work Not Considered Suitable

• The position offered is vacant due to a strike, lockout, or other labor dispute.

• The wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

• The individual would be required to join a union or to resign from or refrain from joining any bona fide labor organization. GOOD CAUSE

If the offer of work is found to be suitable and the claimant fails to accept the offer, it must be determined whether the claimant had good cause for refusing the job.

• Does the claimant have personal reasons for not accepting? (Ex: illness, lack of child care, lack of transportation, lack of tools or uniforms). o An individual must make every reasonable attempt to remove the restriction. Such restrictions may also be affecting the individual's availability for work and this issue would also need investigating.

• Is the claimant’s reason work related? (Ex: wages, hours, type of work, distance) o Review the claimant’s length of unemployment, prior earnings/working conditions, prospects of other employment and availability of work

• Approved Training is always considered good cause for refusing work JOB REFERRALS

While an individual may be disqualified from receiving benefits when refusing without good cause an offer of suitable work made by any employer, disqualifications for refusing a referral to a suitable job may only be issued when the referral is made by the department or the CareerSource Center.

• Employer Referral – When a separating employer attempts to find other work for a claimant and the claimant fails to apply for that work, the claimant is not subject to a disqualification for refusing the referral because it was not made by the department. However, this may raise questions as to the claimant’s availability for work. JOB REFERRALS

Referrals by the Department – When an employer response provides information that work is available for a claimant, the employer should be contacted immediately to determine specifically what work is available (job duties, hours, rate of pay, etc.). If the adjudicator determines the work actually exists and is suitable for the claimant, the claimant should be contacted to make the referral. The claimant should then be advised to contact the adjudicator back in 48 hours with the results of the referral. If the claimant fails to respond in 48 hours, the adjudicator should contact the employer to verify if the claimant contacted the employer regarding the job referral and whether the employer extended a job offer to the claimant. If the claimant failed to contact the employer, it is necessary to investigate why the claimant failed to accept the referral and a determination must be made as to whether the claimant has good cause. JOB REFERRALS

Referrals by CareerSource Centers - If a claimant fails to apply for work when directed by the CareerSource Center, or refuses a job offer, it may be necessary to obtain details about the job or specific information regarding the claimant’s failure to apply for or accept the job. Depending on the information from the claimant and the CareerSource Center, it may be necessary to contact the employer in order to verify the facts or additional information prior to making a determination. SUITABLE WORK

Refusal Due to Failed Drug Test

If an individual was rejected for offered employment as the direct result of a positive, confirmed drug test which was required as a condition of employment, such individual shall be disqualified for refusal of suitable work.

Test results and supporting documentation provided to the employer by a licensed and approved drug testing laboratory will create a rebuttal presumption that the individual used, or was using a controlled substance. SUITABLE WORK

Refusal Due to Failed Drug Test

If the facts indicate that the refusal was due to a violation of the employer's Drug Free Workplace Policy, and the claimant denies the allegation of drug use, the adjudicator should ask the employer the following:

• Is the employer in compliance with the Workers' Compensation Program?

• What is the employer's method of informing prospective employees of the policy?

• What are the testing procedures to be followed?

• What, if any, recourse is available to prospective employees who challenge a positive test result?

• What is the name of the laboratory that performed the test? SUITABLE WORK

Refusal Due to Failed Drug Test

The fact-finding should then indicate whether or not the claimant attempted to challenge the results of the test or attempted to explain any extenuating circumstances, such as the taking of prescription/non-prescription medication, which may have affected the results of the test.

If a disqualification is imposed, a base period employer should be noncharged upon receipt of a timely written protest.

There will continue to be cases where employers do not demonstrate compliance with the Workers' Compensation Program. When an employer has no drug free workplace policy, the determination should be issued based on the general law and rules governing job refusals. SUITABLE WORK

Employers, especially temporary employment services or agencies and school boards, will occasionally notify the department regarding multiple offers of work made to a claimant.

• Each refusal of a bona fide job offer must be adjudicated separately if the job refusals occurred in different weeks

• When multiple refusal of work determinations are issued at the same time, involving the same claimant and employer, the reason for determination must be expanded to identify which particular offer of work is being addressed. This can be accomplished by making reference to the date of the refusal and/or mentioning the specific job site or type of work offered.

• If multiple job refusals occurred within the same week involving the same employer, the adjudicator should issue only one determination and expand the determination to indicate the dates of the job refusals. SUITABLE WORK Steps on adding an employer to a Suitable Work issue:

1. Click the “Search” button next to the employer name field SUITABLE WORK

2. Select the type of employer then click Next

3. Enter employer information then click Search SUITABLE WORK

4. Select the radio button for the appropriate employer then click Next

5. The employer name should now appear in the employer name field of the issue details screen SUITABLE WORK

Chargeability

If a base period employer responded timely and adequately to the UCB412, an employer’s account should be noncharged when the claimant refused an offer of suitable work without good cause. SUITABLE WORK Chargeability Payable determinations where the base period employer may be noncharged if a timely UCB 412 response is received: • Acceptance of another job

• Approved training

• Claimant residence changed and the distance to work is now too far to travel

Refusal of Work during the continued claims process If a claimant refuses without good cause an offer of suitable work from a base period employer after a claim has been established, and the employer advises the department in writing, the employer’s account should be date range noncharged starting with the Sunday of the week in which the refusal occurred. Use the charge rationale which states: • BENEFITS WILL NOT BE CHARGED TO THE EMPLOYER AS OF (DATE)... SUITABLE WORK

The law provides that a claimant must earn income equal to at least 17 times his/her weekly benefit amount to satisfy a disqualification for Suitable Work issues. QUESTIONS CONTACT

Thank You. Remember if you have questions regarding quality, ask your supervisor. If clarification is needed on any issues, your supervisor can reach out to BTQ for further information and guidance.

DEO Adjudication