Senior Community Service Employment

Participant Termination

Summary
To ensure the proper termination of individuals determined to be ineligible for the SCSEP, SCSEP regulations require proper notification of termination when an individual is no longer eligible for the SCSEP.

Relevant Laws, Rules, or Policies
20 CFR 641

Effective Date
7/1/2004

Last Updated
10/19/2023

Contact
Enock Kakuuku, Enock.Kakuuku@state.mn.us
Tel   651.259.7581
Fax  000.000.0000
TTY  651.296.3900

Policy

All policies, including the termination policy, are verbally reviewed and discussed with each participant at time of enrollment, and a written copy is distributed to each participant during the orientation process.

Only the SCSEP Program Director/Coordinator can terminate a participant. If a program provider determines that a participant is no longer eligible for the SCSEP, the provider must give the participant written notice of termination. The participant must be terminated 30 days after the participant receives the written notice. This Termination Policy will be followed fairly and equitably when involuntarily terminating participants. Participants will not be terminated based on age and there is no upper age limit for participants in the SCSEP.

In all cases, the SCSEP Program Director/Coordinator will work in concert (with participant and host agency supervision) to provide the participant guidance and assistance.

The Disciplinary/Termination Process is in four steps:

First step: Documented Verbal Warning – verbally warns the participant, completes a warning report and puts a copy of the report in the participant's file.
Second Step: Written warning based on the violation.
Third Step: Corrective Action, which is discussed with the SCSEP Director/Coordinator and the participants. This may be the final warning. This Corrective Action will be for a period of no longer than 90 days.
Fourth Step: If the disciplinary measures do not bring about the desired change within a specified period of time, the participant will be discharged. The participant will receive a 30-day termination letter notifying them of the date of exit, the reason for the termination, and the right to appeal under the grievance procedure. Note: if terminated, make sure the participant signs the exit paperwork and last time sheet.

Reasons for Terminations

Falsifying information to qualify for eligibility. If this occurs, the participant will be placed on Leave without Pay immediately, and a 30-day notification of termination will be sent to the participant.
If at any time a provider determines that an individual was incorrectly determined eligible at enrollment or the annual recertification through no fault of the participant, the provider must give the participant immediate written notice with an explanation and receive a 30-day notification of termination letter, but will be able to continue participating in the program until the date of exit as noted in the termination letter. Participants will be notified that they have a right to appeal this finding.
Reaching the maximum lifetime benefits of 48 month durational limit.
Becoming employed while on program. If this occurs, the participant will be placed on Leave without Pay immediately, and a 30-day notification of termination will be sent to the participant.
Termination for cause.
- Refusal to perform active job search duties and accept a job that is appropriate for the participant (for example, sabotage a job interview by stating that they will not take the job or that they are unqualified for employment). A participant may be terminated for refusal to accept a reasonable number (2) of job referrals or job offers of unsubsidized employment. The job referrals and/or job offers should be consistent with the Individual Employment Plan (IEP)
- Unwillingness to perform assigned duties such as refusing to do assignments that are part of the training description and required to increase skills and knowledge.
- Refusal to accept a different community service assignment based on their IEP.
- Unwillingness or refusal to register with CareerForce.
- Refusal to cooperate with the assessment or IEP process.
- Failure to cooperate with program and/or Host Agency staff.
- Frequent tardiness or unauthorized absences as documented by project records and within limits in the personnel policies and procedures of the project. Three instances of absences without good cause or without proper notice may warrant termination.
- Falsification, by the participant, of timesheets, or their official records, theft and any action that is prohibited by law. For example, including hours worked on the time sheet participants turn in knowing their time sheet was not accurate.
- Insubordination, which includes rude, obscene, or abusive behavior, refusing to carry out the direction or instructions of a host agency supervisor or Grantee Director or staff member without good cause and /or abruptly walking off the work-training assignment.
- Obscene/abusive language and/or violent behavior.
- Acts of violence or threat of violence in cases involving serious harm or imminent threat to health, safety and property to one's self or others.
- Conviction of a felony committed while a participant.
- Non-compliance with substance abuse policy for drugs in the community service assignment. As a condition of continued enrollment in SCSEP, you may not use, be under the influence of, distribute, dispense, possess, or manufacture drugs or alcohol, during paid training or meetings hours of SCSEP, or on Host Agency property. Legally prescribed medications are permitted as long as their use doesn't adversely affect your ability to satisfactorily perform duties, your safety, or the safety of others.

Any violation of this policy will result in disciplinary action, and may lead to termination from SCSEP.

Weapons in the community service assignment. It is against policy to carry any weapon at any time during training hours, whether at CareerForce, a meeting location, or at the Host Agency. Any violation of this policy will result in disciplinary action, and may include termination. Weapon is generally defined as, but not limited to, any firearm, knife-like object, or any form of weapon whose primary use is to inflict harm.

A written explanation of the reason or reasons for a termination for adverse cause shall be part of the personnel record of the participant, and a copy shall be given to the participant. Failure to participate in the Individual Employment Plan process may be cause for corrective actions and, as a last resort, termination. Repeated refusal by the participant to perform specific actions as agreed to in the IEP may result in termination.

Prior to an IEP related-termination or a non-IEP-related-termination, a participant is given a chance to correct the offending action. For instance, participant refused to accept two job offers or referrals for employment consistent with his/her IEP without good cause or fails to comply with other terms and conditions of the IEP without good cause. First a verbal warning then a written notice shall be given to the participant, citing a specific incident in which the participant did not fulfill his or her IEP responsibility and/or other non-IEP issues. The notice lists the specific event, cite the jointly signed agreement provision and provide a period of 30 days to take corrective action. Succeeding notices may follow a progressive pattern.

When a project sponsor or director proposes to take an adverse action against a participant, the sponsor shall notify the participant in writing of the reason or reasons for the action, shall advise the participant of the complaint resolution procedure, and shall advise the participant of the right of appeal to the SCSEP Coordinator of the Minnesota Department of Employment and Economic Development.

Individuals found ineligible or terminated must be referred to CareerForce for job seeking assistance and provided with a notice of right to appeal the decision.

Providers that fail to terminate ineligible participants may be responsible for disallowed program expenditures.

Participants may be laid off if Department of Labor makes a decision to abolish a position due to budgetary considerations, reorganization or changing needs. Participants who have been terminated may be called back to work upon reinstatement of funding for any position they are qualified to perform. If other positions are available within the same geographical location, persons who have been terminated due to a reduction to force may interview for a position they are qualified to perform.

Alternate formats such as Braille, audio-visual and large print are available upon request.