Failure to Comply 430-05-40-25

(Revised 10/01/18 ML3532)

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Amended IM 5464

IM 5464

 

 

All non-exempt individuals between age 16 and 60 are ineligible to participate if the individual:

  1. Refuses to register for work by failing to complete SFN 385 - Affidavit for SNAP Work Requirements or SFN 353 - Affidavit for SNAP BEST Work Registrants.
  2. Refuses without good cause to participate in the BEST program (Burleigh and Cass counties) or NDWORKS (Grand Forks and Ramsey counties).
  3. Refuses, without good cause, to accept an offer of employment not subject to strike or lockout at the time of refusal, at a wage equal to the higher of the federal or state minimum wage, or 80% of the wage that would have governed had the minimum hourly rate of the Fair Labor Standard Act been applicable to the offer of employment.

Example:

An employer contacts a county with a job opportunity. The county refers an individual who does not contact the potential employer or refuses a job offer of 30 hours or more per week. A disqualification would be imposed.

  1. Refuses without good cause to provide the worker with sufficient information to allow a determination of the employment status or the job availability of the individual.
  2. Voluntarily and without good cause:
  1. Quits a job.
  2. Reduces work hours and after the reduction, the individual is working less than 30 hours per week. The reduction in hours must be initiated by the individual, not the employer.

Exception:

A temporary voluntary reduction in earnings in order to eventually obtain a higher rate of pay at a different job with the same employer or a new employer does not subject the individual to disqualification. Current rules recognize that job changes occur and allows the individual to avoid disqualification.

Example:

A gas station attendant quits a 35-hour a week job to accept employment of 20 hours per week as an assistant manager at a retail store. The new employment will become a 40-hour a week position within three months.