Section 2865.145 Ineligibility to Receive Benefits for Failure to Participate in Reemployment Services

Section 2865

Section 2865.145

Ineligibility to Receive Benefits for Failure to Participate in Reemployment

Services

a)         Unless no longer obligated to participate under Section

2865.150(e), an individual who is referred by the Department under Section

2865.150 to reemployment services and is determined by the Claims Adjudicator

to have failed without justifiable cause, as defined in subsection (c), to

participate in those services shall be ineligible for benefits for the week in

which he or she fails to participate in the scheduled services.

EXAMPLE:  In

the fourth week of his benefit year, an individual is issued his first payment

of regular benefits.  Notice of referral to reemployment services is sent to

him during the fifth week of the benefit year, indicating he is scheduled for

an orientation meeting to take place in the sixth week of the benefit year.  He

fails, without justifiable cause, to report to the orientation meeting.  The

individual will be ineligible for benefits for the sixth week of his benefit

year.

b)         Subsection (a) shall not apply if the individual has completed

substantially similar reemployment services or he or she is participating in

substantially similar services.

c)         There is justifiable cause for an individual's failure to

participate in reemployment services if the individual is acting as a

reasonable person would act under the circumstances, taking into account the

fact that the individual has been identified as likely to exhaust regular

benefits and need job search assistance.

1)         EXAMPLE:  An individual who has been referred to reemployment

services under Section 2865.150 fails to report for his scheduled orientation

meeting with the reemployment service provider because the individual has a job

interview scheduled for the same time.  The individual has justifiable cause

for failing to report for the meeting

regular

benefits and need job search assistance.

1)         EXAMPLE:  An individual who has been referred to reemployment

services under Section 2865.150 fails to report for his scheduled orientation

meeting with the reemployment service provider because the individual has a job

interview scheduled for the same time.  The individual has justifiable cause

for failing to report for the meeting.  A reasonable person in this situation

could be expected to prefer the immediate job opportunity over reemployment

services.

2)         EXAMPLE:  An individual who has been referred to reemployment

services under Section 2865.150 fails to report for his scheduled reemployment

service orientation meeting because he forgot about the meeting.  When he

becomes aware he has forgotten the meeting, he requests that the meeting be

rescheduled.  He fails to report for the rescheduled meeting because he again

forgot about the meeting. The repeated failure to include the meeting in his

schedule does not reflect the behavior of a reasonable person under the

circumstances.  On the basis of these facts alone, there would not be

justifiable cause for the individual's failure to participate in the

rescheduled meeting.

3)         EXAMPLE:  An individual who has been referred to reemployment

services under Section 2865.150 fails to report for his scheduled reemployment

service orientation meeting.  However, during the week for which the meeting

was scheduled, the individual is enrolled in and in regular attendance at a

training course approved for him by the Director under Section 500C of the

Act.  A reasonable person in this situation could be expected to prefer the

training program over reemployment services.

4)         EXAMPLE: An individual who has been referred to reemployment

services under Section 2865.150 fails to report to his scheduled reemployment

service orientation meeting because he is attending GED classes at the same

time.  The individual has justifiable cause for failing to report for the

meeting

situation could be expected to prefer the

training program over reemployment services.

4)         EXAMPLE: An individual who has been referred to reemployment

services under Section 2865.150 fails to report to his scheduled reemployment

service orientation meeting because he is attending GED classes at the same

time.  The individual has justifiable cause for failing to report for the

meeting.  A reasonable person in this situation could be expected to attend the

GED classes.

d)         The individual's obligation to participate in reemployment

services to which he or she is referred under Section 2865.150 is in addition

to the individual's other obligations under the Act.

e)         Issues arising under this Section concerning an individual's

eligibility for regular benefits shall be adjudicated and notice of those

issues shall be provided in the same manner and subject to the same procedures

as all the other issues concerning eligibility for regular benefits, except

issues arising under Section 604 of the Act.