WIOA Title I-A & I-B Policy & Procedure Manual
Ch. 12) File Documentation

12.4 Dislocated Worker Program File Documentation

12.4.2 Federal Dislocated Worker Eligibility Criteria

Effective date: September 1, 2020

In order to be determined eligible for the WIOA Dislocated Worker Program each applicant must provide evidence of at least one of the Dislocated Worker Eligibility Categories identified in this section in addition to the criteria in Section 12.4.1.

Dislocated Worker Eligibility Categories


(Must meet one of the six)

Acceptable Documentation1

1. Individual or Small Group Layoff

Has been terminated or laid off or has received a notice of termination or layoff

AND

Is Unlikely to Return to a Previous Industry or Occupation

AND

Is eligible for or has exhausted Unemployment Insurance (UI) benefits

OR Has been employed for a duration sufficient to demonstrate attachment to the workforce, but is not eligible for UI due to insufficient earnings or having performed services for an employer not covered under a State UI law
  • Demonstration that the individual has been terminated or laid off or has received a notice of termination or layoff through one of the following:
    • Self-attestation
    • Verification from employment
    • Notice of layoff (Including a WARN Notice)
    • Public announcement

    AND

  • Self-attestation that the individual is Unlikely to Return to a Previous Industry or Occupation

    AND

  • Demonstration that the individual is eligible for or has exhausted unemployment insurance (UI) payments, or is ineligible for UI payments (because of insufficient earnings or was in a job not covered by state UI law) through one of the following:
    • UI records (includes letters from UI)
    • Verbal verification from UI representative
    • Verification of Re-employment Services and Eligibility Assessment (RESEA)-funded services from the ASSET Manage Services tab

    OR

  • Self-attestation that the individual has been employed for a duration sufficient to demonstrate attachment to the workforce, but is not eligible for UI due to insufficient earnings or having performed services for an employer not covered under a State UI law
2. Permanent Closure or Mass Layoff
  • Self-attestation
    OR
  • Verification from employer
  • Rapid Response list
  • Notice of layoff (Including a WARN Notice)
  • Public announcement of layoff
  • UI documentation
3. Separating or Separated Members of the U.S. Armed Forces
4. Self-employed
  • Self-attestation that individual was self-employed and is now unemployed as the result of general economic conditions or natural disaster
5. Displaced Homemaker2
  • Self-attestation
    OR
  • Signed WIOA intake application or registration form
  • Cross-Match with Public Assistance Records
  • Copy of Spouse's Layoff Notice
  • Copy of Spouse's Death Record
  • Copy of Spouse's Permanent Change of Station (PCS) Orders for a military move or assignment)
  • Copy of Divorce Records
  • Copy of Applicable Court Records
  • Copy of Bank Records (showing financial dependence on spouse, no separate individual income support, or no employment income earned)
  • Needs Assessment
  • Signed Individual Employment Plan
6. Military Spouse
  • Self-attestation that the individual is the spouse of an active member of the U.S. Armed Forces and has experienced the loss of employment because of the service member's permanent change in military duty station
    OR
  • Self-attestation that the individual is the spouse of an active member of the U.S. Armed Forces and is unemployed or underemployed and having trouble obtaining or upgrading employment



Eligibility Determination

Effective date: July 26, 2019

DWD-DET defines eligibility determination as applying the information collected during program registration to the eligibility criteria to see if the individual is eligible for the program.



Attachment to the Workforce (20 CFR § 680.660)

Effective date: October 1, 2017

DWD-DET considers one day of employment with the employer of dislocation sufficient to demonstrate attachment to the workforce. This is consistent with the Trade Adjustment Assistance Program (TAA). 20 CFR §§ 617.3(c) and 617.3(t)(1)

Service in the U.S. Armed Forces is employment and demonstrates attachment to the workforce. 20 CFR § 680.660



Permanent Closure

Effective date: September 23, 2019

DWD-DET considers a closure to be "permanent" when

  • the employer has specified that the closure is permanent;
  • the employer has not indicated when the employment site or virtual business will reopen;
    OR
  • the employer has given a date for reopening that is more than 12 weeks after the date of the dislocation. DWD-DET has chosen this time frame to be consistent with UI's job search waiver limit of 12 weeks for employees expecting to be recalled by an employer. Wis. Stat. § 108.04(2)(b)1 (2017).


Mass Layoff

Effective date: September 23, 2019

Consistent with 20 CFR § 682.305(a), DWD-DET defines a "mass layoff" (aka "substantial layoff") as a layoff event that affects 25 or more workers, when

  • the employer has specified that the layoff is permanent;
  • the employer has not given a recall date;
    OR
  • the employer has given a recall date that is more than 12 weeks after the date of the dislocation. DWD-DET has chosen this time frame to be consistent with UI's job search waiver limit of 12 weeks for employees expecting to be recalled by an employer.
    Wis. Stat. § 108.04(2)(b)1 (2017).

Wis. Admin. Code § DWD 279.04(2) states that two or more groups of employees affected during a 90-day period may be considered in the aggregate to determine whether the business closing or mass layoff thresholds have been met, unless the loss of employment in different groups are the result of separate and distinct actions and causes.



Requesting Military Personnel Records

Effective date: October 1, 2017

Former service members and deceased service members' next of kin may request military personnel records (e.g., DD-214s/Separation Documents) through the National Archives.



U.S. Armed Forces

Effective date: October 1, 2017

The U.S. Armed Forces include the Army, Air Force, Navy, Marine Corps, and Coast Guard and their reserves.



General Economic Conditions

Effective date: October 1, 2017

DWD-DET defines "unemployed as a result of general economic conditions" (20 CFR § 680.130(b)(3)) as covering the following:

  • the decline or failure of one or more businesses integral to the individual's business (e.g., customers or suppliers);
  • large-scale layoff(s) or closure(s) at businesses that support a significant portion of the state or local economy;
  • lack of demand for the individual's products or services as demonstrated by labor market information;
  • a substantial change in the marketplace that eliminates the need for the individual's product or service (e.g., internalization of a process previously done by an external contractor; automation of a process that eliminates the need for contract labor; change in legislation or policy which eliminates a required service or product);
  • depressed price(s) or market(s) for the individual's products or services;
  • generally high levels of unemployment in the local area.