Good Cause

Good Cause refers to circumstances in which it would be impossible or unreasonable to have expected the participant to have fulfilled his/her program obligations.

Lack of “good cause” may be demonstrated by either:

Three separate acts of negligent failure to follow program requirements; or
Willful failure or refusal of the participant to follow program requirements.

Overview

The provisions of this section apply to discontinuances and sanctions related to non-compliance with Vocational Services Program requirements.

Good Cause Criteria

The Employment Counselor is responsible to determine good cause for all Vocational Services Program related requirements provided the participant contacts VS prior to the assignment date.

“Good Cause” may include, but is not limited to:

Verification of a medical emergency, hospitalization, or doctor's appointment on the day of the assignment.
Verification of attendance at the funeral of a close family member on the day of the assignment.
Verification of incarceration or arrest.
Verification of required court related appointments.
Verification of a pre-arranged job interview.
Verification that the participant started a job or paid training.
Verification that the participant was employable with limitations and that the activities assigned were beyond the physical or mental capacity of the participant.
The participant is a past or present victim of domestic violence and going to work represents a risk.

Note: Individuals may be provided with information on the Santa Clara County Domestic Violence Crisis Line (408) 279-2962.

The participant is experiencing a family crisis due to the death of a spouse.
Other verified circumstances indicating good cause, must be reviewed by the Vocational Services Program Supervisor.

Note: The above reasons require written verification and are only valid for the days specified.

Good Cause Requirement

In all instances, prior to the decision to discontinue and sanction a participant for failure to comply with Vocational Services Program related requirements, a cause determination must be made. Since automatic hearings (due to Jennings vs. Jones) are scheduled prior to the discontinuance date, this determination will normally be made by the Fair Hearing Officer at the Fair Hearing.

A finding of “good cause” for a failure to comply with program requirements will result in continued eligibility, without change in status or grant amount (unless other program requirements are not met).
Finding of “no good cause” may result in a sanction leading to the discontinuance of aid.

Determining Good Cause

If the participant contacts Vocational Services PRIOR to the non-compliance action being taken, the EC will make a cause determination based on the good cause criteria.

The EC must consider whether the participant:

Had reasonable cause for the failure to comply,
Took reasonable and prudent steps to remedy the failure, and/or
Provided verification for the failure to comply.

Good cause should only be determined through discussion with the participant.

Good Cause Process

If the participant is granted good cause (excused for not participating), the EC must:

Process good cause in the VSAS System. To add the current good cause status in VSAS - click the activity assigned and select Good Cause from the drop down menu.
Document the good cause in VSAS and CalSAWS Journal following internal process.