Voluntary Quit Disqualifications

[63-408.1 & 63-408.2]

Definition

An individual is ineligible to participate in CalFresh if the individual voluntarily quits a job or reduced his/her hours of employment without good cause within 60 days prior to the date of application for CalFresh or anytime thereafter.
Voluntary quit means resigning a job that is:

• 30 hours or more per week, or
• Paid at least the federal minimum wage times 30 hours.

A reduction of work effort means:

• Voluntarily decreasing the number of hours worked in paid employment to less than 30 hours per week.

Note: If an individual reduces hours while working in a job of less than 30 hours per week, a CalFresh disqualification shall NOT be imposed. The minimum wage equivalent does not apply when determining a reduction in work effort.

Exemptions [63-408.3]

The following persons are exempt from the voluntary quit provisions. Anyone who:

• Is exempt from work registration (EXCEPT when the exemption is for working a minimum of 30 hours weekly or receiving weekly earnings at least equal to the federal minimum wage multiplied by 30 hours).
• Is a striker (except for an employee of the federal, state or local government who has been dismissed for participation in a strike against that government.) Refer to Strikers for the definition of a striker.
• Quit a job and then began a new job that was subsequently lost through no fault of the individual.
• Quit a job due to a reduction in hours of employment.
• Quit self-employment.
• Resigned from a job at the employer's request.

Decision Chart

Follow the chart below to determine if a voluntary quit disqualification must be applied when an individual loses a job.

1. Did the individual voluntary quit the job?
   1. If NO, STOP HERE. Voluntary quit rules do not apply.
   2. If YES, go to STEP 2.
2. Was the individual required to register for work at the time of the job quit?
   1. If NO, go to STEP 3.
   2. If YES, go to STEP 4.
3. Was the individual exempt for:
   1. Working 30 hours a week?
   2. Earning the equivalent of 30 hours a week multiplied by federal minimum wage?
      1. If NO, STOP HERE. Voluntary quit rules do not apply.
      2. If YES, go to STEP 4.
4. Does the individual have good cause for quitting the job? Refer to Good Cause [63-408.4] below.
   1. If YES, STOP HERE. Voluntary quit rules do not apply.
   2. If NO, disqualify the individual for one-, three-, or six-months.

Good Cause [63-408.4]

An individual who voluntarily quits a job for any of the following reasons is considered to have good cause for quitting:

• Circumstances beyond the control of the individual. This includes, but is not limited to illness, household emergency, no available transportation, inability to communicate well in English.
• Discrimination by employer.
• Unreasonable work demands or conditions, such as not being paid on schedule.
• Acceptance by the individual of a job or enrollment of at least 1/2 time in school/training program that requires him/her to leave his/her job.
• Acceptance by another household member of a job or 1/2 time school training program enrollment in another county/state which requires the individual to leave his/her job.
• Resignation by person under 60 which is recognized by the employer as retirement.
• Acceptance of a 30-or-more-hour a week job (or weekly earnings of more than the federal minimum wage multiplied by 30 hours) which, because of circumstances beyond the control of the individual, subsequently doesn't materialize or results in a job of less than 30 hours a week (or weekly earnings of less than the federal minimum wage multiplied by 30 hours).
• Leaving a job in connection with patterns of employment in which workers frequently move from one job to another, such as construction work.
• Lack of adequate child care arrangements for the individual's children between six and twelve years of age.
• Leaving employment which is unsuitable. Refer to Unsuitable Employment [63-407.7].
• Terminating a self-employment enterprise.
• Resigning from a job at the employer's demand. (Not a voluntary quit.)
• Changing employment status as a result of reducing hours of employment while working for the same employer.
• Unpredictable employment hours or scheduled employment hours exhibiting a pattern of unpredictability. (Verification required).
• Violation of workplace rights.

Note: Do not apply a disqualification when the individual has good cause for quitting.

Verification

Request verification of good cause for a voluntary quit when the information is questionable.

The primary responsibility to obtain verification rests with the household, but the EW shall offer assistance when it is difficult or impossible for the client to provide the verification in a timely manner. Acceptable verification may include statements from:

• The previous employer.
• Employer associations.
• Union representatives.
• Grievance committees or organizations.

If the cause for the quit resulted from circumstances which cannot be verified (such as discrimination practices, unreasonable demands, or inability to locate the previous employer) the household shall not be denied CalFresh.

Disqualification Period for Voluntary Quit

Use the chart below to determine the mandatory disqualification period for an individual who voluntarily quit a job without good cause:

IF THIS IS THE . . .	THEN DISQUALIFY THE INDIVIDUAL FOR...
First work registration and/or voluntary quit disqualification after February 1,1997,	ONE calendar month.**
Second work registration and/or voluntary quit disqualification after February 1, 1997,	THREE calendar months.**
Third or subsequent work registration and/or voluntary quit disqualification after February 1, 1997,	SIX calendar months.**
Exception: The disqualification period ends when that individual qualifies for a work registration exemption.

 

Note: The consequences of quitting a job without good cause must be explained to the head of household at initial application.

Disqualification Procedures

Follow the steps below to impose the disqualification on an individual who voluntarily quit a job without good cause. Refer to Decision Chart. 

1. Discontinue the individual. Refer to Decision Chart. 
2. Send a NOA to the household advising:
   1. Who voluntarily quit a job, and
   2. The beginning and ending dates of the disqualification period,
   3. That the disqualification will be ended, if at any time during the disqualification period, the disqualified individual qualifies for any of the work registration exemptions, and
   4. That the individual may reapply for benefits at the end of the disqualification period.
      1. If the household is discontinued from CalFresh for multiple reasons, send a NOA for EACH reason, including the voluntary quit disqualification. Refer to Discontinued HHs.
3. Record the disqualification on the Maintain Case Comments window.

Ending a Voluntary Quit/Reduction of Work Effort Disqualification

The following rules apply to ending a Voluntary Quit/Reduction of Work Effort Disqualification:

• Following the completion of a minimum disqualification period, an individual who is otherwise eligible, may apply for CalFresh and be approved if it is determined that the individual is in compliance with the CalFresh work registration requirements. For the purpose of this provision, in compliance means the individual is fulfilling one of the CalFresh work registration requirements, or he/she agrees to fulfill the requirements listed in Section 29.5.1.
  • If an individual qualifies for any of the exemption listed in Section 29.2 during the disqualification period, the disqualification period shall end and the individual may reestablish eligibility by reapplying for CalFresh benefits, if otherwise eligible.
  • An individual subject to the ABAWD work requirement who is also disqualified for failing to comply, may not regain eligibility until the ABAWD rules are also met. (Not applicable while the County is granted an ABAWD waiver.)

Appeals

When a state hearing is requested in a timely manner, the Appeals Unit shall notify the EW. The EW shall authorize “aid paid pending” ONLY if the certification period has not expired.

If the household loses the hearing, begin the disqualification period effective the first of the month after the hearing decision is rendered. (Don't send a second disqualification NOA.)

Discontinued HHs

If an individual is in a household that is discontinued from CalFresh BEFORE the disqualification can be imposed, the period of ineligibility shall run continuously, beginning with the first of the month after a ten-day notice is issued.

ExampleExample

Quit Found in Last Month of Certification

IF A VOLUNTARY JOB QUIT WITHOUT GOOD CAUSE....	Then. . .
Is discovered or occurs during the last month of a certification period AND the household reapplies in the last month of the certification period	Certify the household BUT disqualify the individual starting with the first month of the new certification period.

Voluntary Quit Discovered Late

If a voluntary quit occurred prior to recertification (before or during the recertification process), but is not discovered by the EW until after recertification, disqualify the individual for the appropriate disqualification period. Begin the disqualification period on the first of the month after an adequate and timely NOA can be given.

Disqualified HH Member Moves

When a disqualified household member moves, the disqualification follows the individual. The individual cannot be added to the new household until the minimum disqualification period has ended unless the individual meets one of the CalFresh work registration exemptions.

Special measures are not required to contact an applicant's previous state of residence to determine disqualification status. However, if the EW becomes aware of a disqualification imposed in another state, eligibility may not be established until the disqualification period ends.

Related Topics

Work Registration Requirements