Unlikely to Return to a Previous Industry or Occupation
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- The individual has out-of-date or inadequate skills.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