Section DCF 101.21 - Sanctions - Refusal to participate(1) In this section: (a) "Appropriate" means consistent with an individual's employability plan.(b) "Employer" means a person, entity, or Wisconsin works agency that provides employment for an individual.(c) "Employment" means work, work experience, or training assigned to an individual.(d) "Individual" means a participant in a Wisconsin works employment position or a second parent in the participant's Wisconsin works group who is subject to a work requirement under s. DCF 101.27.(e) "Misconduct" means one or more actions or conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of its employees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer's interests, or of an employee's duties and obligations to an employer. In addition, "misconduct" includes any of the following: 1. A violation by an individual of an employer's reasonable written policies concerning the use of alcohol beverages, controlled substances defined in s. 961.01(4), Stats., or controlled substance analogs defined in s. 961.01(4m), Stats.2. Theft of an employer's property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an individual's employment with an employer, or intentional or negligent conduct by an individual that causes substantial damage to an employer's property.3. Conviction of an individual of a crime, while on or off duty, if the individual is unable to perform the duties that the individual performs for an employer due to the conviction.4. One or more threats or acts of harassment, assault, or other physical violence by an individual at an employment site.5. Use of profane or abusive language directed toward staff or others at an employment site.(f) "Participation period" means the 16 th of one month to the 15 th of the next month.(g) "Training" means education or training assigned by the Wisconsin works agency under s. 49.147(3) (am), (4) (am), or (5) (bm), Stats.(2) A Wisconsin works agency shall provide to each individual in the program a written description of the following:(a) The individual's obligation to participate in assigned activities.(b) The actions under sub. (3) that demonstrate a refusal to participate.(c) The individual's ineligibility to participate in the Wisconsin works program for 3 months if an individual in the Wisconsin works group demonstrates a refusal to participate.(3) An individual demonstrates a refusal to participate if the individual does any of the following: (a) Is discharged from employment for misconduct or engages in misconduct on the premises of an employer.(b) Fails to appear or appears more than 15 minutes after the scheduled start time of an interview with a prospective employer, a job fair, or a meeting with a prospective employer that was arranged by the Wisconsin works agency.(c) Leaves an interview or a meeting with a prospective employer prior to the conclusion of the interview or meeting.(d) Appears for an interview or a meeting with a prospective employer wearing inappropriate attire or exhibiting inappropriate grooming after receiving written or oral directions or training on appropriate attire and grooming.(e) Fails to complete a job application required by a prospective employer.(f) Communicates to a prospective employer an unreasonable requirement for salary, hours of employment, or working conditions that disqualifies the individual from employment with that employer.(g) Provides incorrect or incomplete information regarding employment qualifications in an interview or job application that disqualifies the individual from employment with the prospective employer after receiving written or oral directions or training from the Wisconsin works agency regarding interviewing and filling out employment applications.(h) Voluntarily leaves appropriate employment or refuses a bona fide offer of appropriate employment.(i) Is a member of a Wisconsin works group whose benefit has been reduced by 20 percent or more under s. 49.148(1) (b) or (c), Stats., for 2 consecutive participation periods or for 3 non-consecutive participation periods in a rolling 6-month period.(j) Refuses or fails to follow a verbal or written direction from Wisconsin works agency staff or staff at an employment site.(k) Uses vulgar or profane language or engages in abusive behavior directed towards staff or others in the Wisconsin works agency or employment site.(l) Violates written work rules developed by the employer, if the work rules were provided to the individual and there is a signed acknowledgement of receipt of the work rules in the individual's case record.(4) Notwithstanding sub. (3) (intro.), an individual who does any of the actions specified in sub. (3) (a) to (L) does not demonstrate a refusal to participate if the Wisconsin works agency determines that the individual has good cause under s. DCF 101.20.Wis. Admin. Code Department of Children and Families DCF 101.21
Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (a) and (b) (intro.), Register, July, 2000, No. 535, eff. 8-1-00; corrections in (1) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.Amended by, CR 17-066: r. and recr. (1) Register July 2018 No. 751, eff. 8-1-18; correction in (1) (a) (intro.) made under s. 13.92(4) (b) 7, Stats., Register July 2018 No. 751, eff. 8/1/2018Amended by, CR 21-091: renum. (1) to DCF 101.21, r. (2) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (intro.), (2) (b), (4) made under s. 13.92 (4) (b) 7, Stats., Register July 2022 No. 799, eff. 8/1/2022.