Dislocated Workers Eligibility
WIA Section 109 (9) defines dislocated workers as:
1) Individuals who have been terminated or laid off, or who have received a notice of termination or layoff from employment; are eligible for or have exhausted entitlement to unemployment compensation; Have been employed for duration sufficient to demonstrate attachment to the workforce but are not eligible for unemployment compensation due to insufficient earning or having performed services for an employer that was not covered under State unemployment compensation law; and are unlikely to return to a previous industry or occupation.
2) An individual who has been terminated or laid off, or has received a notice of termination or layoff from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or for purposes of eligibility to receive services other than training services described in section 134(d)(4), intensive services described in section 134(d)(3), or supportive services; is employed at a facility at which the employer has made a general announcement that the facility will close.
3) An individual who was self-employed (including employment as a farmer, a rancher, or fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disaster.
4) A displaced homemaker – The term “displaced homemaker” means an individual who has been providing unpaid services to family members in the home and who: Has been dependent on the income of another family member but is no longer supported by that income; and is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
D) Other Eligibility Requirements:
The preceding factors supersede the application of any of the following dislocated worker criteria in determining an applicant’s eligibility:
Individuals who are unable to work for any reason and such condition can be documented are not considered eligible.
Individuals who are terminated or laid off for cause are not eligible for dislocated services.
Individuals are not eligible if the closing or layoff constitutes a strike or lock out.
Individuals who voluntarily terminate (quit) their employment are not eligible for dislocated services as a result of that dislocation.
The situation outlined in the last two circumstances above would not prevent an applicant from receiving dislocated worker services if the individual is awarded UI benefits as a result of mitigating circumstances surrounding the termination for cause or voluntary termination.
Applicants who are laid off with recall rights should not be excluded from dislocated worker services based solely on the recall factor. This situation applies primarily to organized labor with employment contracts.
Applicants shall not be considered as eligible for dislocated worker services if the applicant has been dislocated for five or more calendar years from the date of attempted certification.