WIOA Title I-A & I-B Policy & Procedure Manual

"Unlikely to Return to a Previous Industry or Occupation" Guidance

Effective date: October 1, 2017

The WIOA Final Rule allows the State to define the term "unlikely to return to a previous industry or occupation."

DWD-DET considers someone likely to return to a previous industry or occupation if s/he has a specific recall date from the employer of the qualifying dislocation that is within 12 weeks of termination or layoff.

If someone from an individual or small group layoff has a specific recall date, s/he should not be served as a dislocated worker during the period leading up that date.

Otherwise, determination of likelihood to return is a matter of judgment, based on relevant circumstances.¹ The list below identifies some factors local WDBs and service providers may consider when deciding if an individual is unlikely to return to a previous industry or occupation.

The individual is likely to enter a new job that is different structurally or organizationally than his/her previous job.
The individual is likely to enter a new job with lower seniority compared to his/her previous position.
The individual has a gap in employment that decreases his/her chances of returning to the same level of occupation or type of job.
There are limited employment opportunities in the occupation or industry within the local area.
There is an excess number of workers with similar skill sets and experience in the local area.
The individual has out-of-date or inadequate skills.
The individual has adequate skills, but lacks a credential required by most employers.
The individual has a barrier to employment such as a disability, medical condition, or legal issues that could prevent a return to employment in the same industry or occupation.
An unsuccessful job search suggests the individual is unlikely to regain employment in his/ her previous occupation or industry.

¹ TEGL 22-04, Change 1, p. 2-3