Code of Massachusetts Regulations › 121 CMR - OFFICE FOR REFUGEES AND IMMIGRANTS › Title 121 CMR 2.000 - Massachusetts Refugee Resettlement Program › Section 2.730 - Good Cause for Failure to Cooperate, Failure to Participate in Employment Services or Terminating or Refusing Employment

Current through Register 1525, July 5, 2024
(1) All nonexempt participants must cooperate in the development and implementation of the Family Self-sufficiency Plan, maintain participation of a minimum of 20 through 30 hours in Employment Services, and not terminate employment or refuse an appropriate offer of employment that is consistent with the Family Self-sufficiency Plan.
(2) Good cause exists in any of these conditions:
(a) The employer discriminates in terms of age, sex, race, religion, ethnic origin, sexual orientation, or physical or mental disability or has sexually harassed an employee. The participant shall verify discrimination by submitting his or her own dated and signed statement. When appropriate, the Case Management Provider may make third-party contacts for further verification.
(b) The wage is below the applicable federal or state minimum wage laws. The participant shall verify the employer's failure to pay the minimum wage by submitting his or her own dated and signed statement. When appropriate, the Case Management Provider may make third-party contacts for further verification.
(c) The task performed regularly adversely affects or exceeds the participant's physical or mental health capacity. A dated and signed statement by a competent medical authority shall verify the physical or mental condition.
(d) Transportation to and from the place of employment or training cannot reasonably be arranged. The Case Management Provider shall require a dated and signed statement from the participant. If the participant does not have access to private transportation, the case manager should make an independent verification through contact with an appropriate transportation official or by examination of public transportation schedules.
(e) The work or training site violates established health and safety standards. The participant shall obtain a written statement from the appropriate local, state or federal enforcement agency or board, if available, to verify this condition. If the participant cannot obtain such a statement, the participant may verify the condition with his or her own dated and signed statement, subject to appropriate third-party contact by the case manager.
(f) The hours of work exceed eight hours per day or 40 hours per week. The participant shall verify the work hours by submitting his or her own dated and signed statement. When appropriate, the Case Management Provider may make third-party contacts for further verification.
(g) The position offered is vacant due to a strike, lockout or other
bona fide
labor dispute. The Case Management Provider shall require evidence of a strike, lockout or other
bona fide
labor dispute by a written statement from either the labor or management collective bargaining representative. If unable to obtain such a statement, the Case Management Provider shall require a written, dated, and signed statement from the participant, subject to appropriate third-party contact by the case manager.
(h) The position does not have Workers Compensation Insurance. The participant shall verify the lack of Workers Compensation Insurance by submitting his or her own dated and signed statement. When appropriate, the Case Management Provider may make third-party contacts for further verification.
(i) Appropriate childcare is needed and not available. The participant shall verify the need for and lack of appropriate child care by submitting his or her own dated and signed statement. When appropriate, the Case Management Provider may make third-party contacts and personal observations for further verification.
(j) Acts or omissions of the employer or conditions in the workplace render it unreasonably difficult for the participant to accept or remain on the job. When appropriate, the Case Management Provider may make third-party contacts and personal observations for verification in addition to whatever verification is submitted by the refugee.