Any behavior that threatens or presents a risk to the safety of staff or customers, or that disrupts the proper functioning of any WorkForce Center (WFC) program, will not be tolerated.
The Customer Code of Conduct informs customers what behavior is expected of them and what behavior is prohibited. The Customer Code of Conduct was created to provide consistent service across the state.
The Employee Code of Conduct informs customers what they can expect from WFC staff. The Employee Code of Conduct was created from the position descriptions of WorkForce Center staff.
Instructions for Staff
- The Customer Code of Conduct and Employee Code of Conduct documents must be clearly posted in various, easy-to0view locations in all Resource Areas to ensure customers are aware of it. In addition to placing the Customer Code of Conduct prominently in the Resource Area, it is recommended the Customer Code of Conduct be posted/placed at each computer, printer, and phone.
- All resource area staff will read the employee pledge found on the Employee Code of Conduct and will strive each day to provide service in accordance with the Employee Code of Conduct.
- The Customer Code of Conduct and Employee Code of Conduct may not be changed or modified by WFC staff or managers or by partner employees. Having one Customer Code of Conduct and Employee Code of Conduct across all WFCs will ensure our customers are treated equally.
- The Customer Code of Conduct and Employee Code of Conduct are accessible to customers using a screen reader. If a customer with a visual impairment requests a digital version of the Customer Code of Conduct or Employee Code of Conduct, it must be provided.
- WFCs that previously used the Policy Acknowledgment Form may ask customers to sign the Customer Code of Conduct. No additional document will or should be created. WFCs are not required to have customers sign the Customer Code of Conduct. It is optional.
- If staff observe a customer on an inappropriate website that was not caught by the web-blocking software, submit a Web Blocking Request.
- All WorkForce Center managers, reception staff, and Resource Area staff must be familiar with the Violations Table and Corrective Actions document.
- The Notice of Suspension from Resource Area document must be used for all suspensions greater than one day and less than six months. When a Notice of Suspension from Resource Area is given to a customer it must be approved and signed by the Site Representative for that WorkForce Center.
- For all suspensions greater than six months, a letter will be mailed to the customer from the WorkForce Development Division Director.
- If law enforcement are contacted during an incident at the WorkForce Center, a Violence/Threat Report Form must be completed and submitted to the DEED HR Safety Officer. Anytime law enforcement are called, staff must request a police report.
- The Violence/Threat Report Form is required to be completed and submitted to the DEED HR Safety Officer for all incidents involving theft, property damage, or violence. Violence is defined as: "the abusive or unjust exercise of power, intimidation, harassment, and/or the threatened or actual use of force which results in or has a high likelihood of causing hurt, fear, injury, suffering, or death."
- An Incident Log must be kept up to date and submitted to the WorkForce Development Division Equal Opportunity Officer at the close of each state fiscal year (no later than July 10th) or upon request.
- Mandatory training on the Customer Code of Conduct, Employee Code of Conduct, Violations Table and Corrective Actions, Incident Log, Violence/Threat Report Form, (One Day) Notice of Suspension from Resource Area letters, and this policy will be provided to all resource area staff and managers.
Levels of Inappropriate Customer Behavior
Violations of the Customer Code of Conduct in Resource Areas are handled according to the level of the violation. The Violations Table and Corrective Actions document can be found in the related links below and must be followed by all WFCs to ensure a cohesive job search experience for customers.
- Level 1 violations of the Customer Code of Conduct occur when the individual ignores or disobeys the reasonable rules set forth in the Customer Code of Conduct that have been established to ensure effective and cost efficient operations at the WFC. Examples of this behavior include individuals who are not actively engaging in job search or a related job search related activity; repeatedly accessing inappropriate websites such as pornography, violent acts, illegal activities, public chat rooms, online shopping/dating; using WFC equipment for personal use; allowing children to disrupt staff or customers; speaking or behaving in a manner disruptive to others; or behaving in a way that indicates the customer may be under the influence of a controlled substance or alcohol.
- Level 2 violations of the Customer Code of Conduct occur when an individual's disruptive behavior interferes with the normal operation of the WFC facility, making it difficult for staff to deliver, or customers to benefit from, the services that are available. Examples of disruptive behavior include individuals who are loud or argumentative or who make harassing or derogatory comments to other customers or staff; taking part in verbal confrontations with staff or other customers; or using abusive or foul language or gestures.
- Level 3 violations of the Customer Code of Conduct occur when any customer commits or threatens to commit a physical assault, brandishes a weapon, or exhibits any violent behavior that causes or threatens physical injury or the fear of physical injury to staff or customers; aggressive behavior; engaging in loud or boisterous speech suggesting retribution or violence; engaging in unwanted physical touching or contact with staff or customers; or theft of or causing damage to WFC property or to an employee's or customer's property.
Procedures for Handling Violations and Providing Notice to Suspended Customers
The Violations Table and Corrections Actions document should be printed out and kept at the resource area desk to use as a reference. It is important that infractions are treated the same at all WFCs to ensure not only a common experience for our customers, but also to ensure equal opportunity for all.
Level 1 Violations
A customer who violates the Customer Code of Conduct should be informed by a staff member, supervisor, or manager of the specific code violation and that any further violation will result in a loss of privileges and the potential for formal corrective action up to and including suspension, should the offensive and/or inappropriate behavior continue.
If a resource area customer who has previously received a warning continues to violate a specified code condition, the staff member should give the customer a second warning. Staff should advise the customer to refrain from such actions and warn the customer that any further conduct will result in their suspension from the Resource Area for the remainder of the day.
Ift he customer continues to exhibit disruptive behavior, staff will provide the customer with the One Day Notice of Suspension from Resource Area letter. The employee must fill in the date and a brief description of the behavior that led to the suspension. The employee needs to sign the letter and clearly write the location of the WFC.
The One Day Notice of Suspension from Resource Area letter does not need to be sent to the DEED Equal Opportunity Officers. However, the incident must be recorded on the Incident Log.
Level 2 Violations
If the customer violates the Customer Code of Conduct with a Level 2 Violation, using abusive or foul language or gestures or having a verbal confrontation, it is grounds for immediate suspension. No warning needs to be given. Staff members may immediately issue the customer with the One Day Notice of Suspension from Resource Area letter. The employee must fill in the date and a brief description of the behavior that led to the suspension. The employee needs to sign the letter and clearly write the location of the WFC. The One Day Notice of Suspension from Resource Area letter does not need to be sent to DEED headquarters. However, the incident must be recorded on the Incident Log and the employee must follow up with his/her supervisor within 24 hours.
If the same customer repeatedly comes into a WFC and uses abusive/foul language/gestures, staff should consult with the Site Manager. At the discretion of the WFC Site Manager or designee, the customer may be suspended for a length of time not to exceed six(6) months. In order to issue a suspension that is greater than one day, the Notice of Suspension from Resource Area letter must be provided to the customer. The WFC Site Manager or designee must fill in the date, customer's name (check the computer sign in log), a brief description of the behavior that led to the suspension, the length of the suspension, and the date the customer may return to the WFC. The WFC Site Manager or designee must sign the letter and clearly write the location of the WFC. Make a copy of the letter and send it to the DEED Equal Opportunity officers. Record the suspension on the Incident Log.
Level 3 Violations
All physical assaults or threats of bodily harm to a WFC worker or customer are serious matters which should be reported to the police immediately. Threats of violence or bodily harm received by telephone or in writing should be reported to the police as well. Always request a copy of the police report.
At the discretion of the WFC Site Manager or designee the customer may be suspended from the WFC resource area for a length of time not to exceed six (6) months. Provide the customer with the Notice of Suspension from Resource Area letter making sure to fill in the date, customer name (check the computer sign in log or write customer), a brief description of the behavior that led to the suspension, the length of the suspension, and the date the customer may return. Have the WFC Site Manager or designee sign the letter and clearly write the location of the WFC. Make a copy of the Notice of Suspension from Resource Area before providing it to the customer and send it to the DEED Equal Opportunity Officers. In addition, the Violence/Threat Report Form must be completed and sent to the DEED HR Safety Officer. Record the suspension on the Incident Log. Keep a copy of the police report and the Violence/Threat Report Form with the Incident Log.
**Whatever level the violation or length of suspension, these procedures must be implemented to ensure equitable and consistent application at WFCs across the State.
Appeal of Suspension
A customer who has been suspended for longer than one day and received a Notice of Suspension from Resource Area has the right to appeal the suspension by contacting DEED Equal Opportunity Officers by phone or email. Their contact information is located at the bottom of both the Notice of Suspension from Resource Area and One Day Notice of Suspension from Resource Area letters.
FAQs
Q1: What if a customer is not specifically doing job search, may he/she/they be asked to cease the activity?
A1: If the customer is using community resources then s/he is doing a Job Search Related activity. These activities are appropriate. They are not a violation of the Customer Code of Conduct. The customer may not be asked to cease the activity and they may not be asked to leave the resource area. Any community based resources found on the desktop organizer are considered to be "Job Search Related." Some examples of approved community resource topics include but are not limited to the following: Assistance programs, food shelves, housing, domestic violence, health care, insurance, heating assistance, child care assistance, legal services, maps, bus information, citizenship, and GED/education. This is not an exhaustive list. "Job Search" should be thought of broadly in that sense that any of the above resources may be necessary for a customer to find or maintain meaningful employment.
Q2: If community resources are approved as "Job Search," then what activities are prohibited?
A2: Inappropriate websites include pornography, public chat rooms, online shopping/dating, or websites depicted illegal activities or violent acts. Additionally customers may not use WFC equipment for other personal or business use. All of the above mentioned uses are a level one violation. Customers should be given two warnings before being suspended for the remainder
of the day. See: Violations Table and Corrective Actions below for full procedures on the steps necessary to suspend a customer.
Q3: What if a customer brings in a firearm and presents a permit to carry the weapon?
A3: If the building which houses the WFC does not allow firearms, then the WFC cannot permit the weapon. If the building is state-owned, then legally, according to Minnesota statute, the weapon cannot be prohibited.
Q4: Are service animals allowed in the WFC?
A4: Covered entities must permit service animals, with two exceptions:(1) the animal is out of control and the handler does not take effective action to control it; or (2) the animal is not housebroken
Q5: May staff ask a customer if an animal is a service animal?
A5: There are only two permissible inquiries concerning a service animal: (1) Whether the animal is required because of a disability; and (2)What work or task the animal has been trained to perform. You may not ask the customer what his/her disability is or questions about the customer's disability.
Q6: May customers charge their cell phones and laptop computers in the Resource Area?
A6: Yes. Customers may charge cell phones, tablets, and laptop computers in the resource area. The Customer Code of Conduct only prohibits customers from talking on their phones in the resource area. If a customer uses an available outlet to charge a personal electronic device, it is not a violation of the Customer Code of Conduct. The customer may not be asked to leave the WFC nor should they be asked to unplug the device. The WFC is not responsible for lost or stolen electronic devices
Q7: What should staff do if a mother is breastfeeding in the Resource Area? What if she is not covering herself? What if another customer is not comfortable with the mother breastfeeding?
A7: Staff should not do anything because a mother is breastfeeding. Staff should not approach the mother. Staff may not ask her to move to another area or a private room. If the mother asks for a private location to nurse or pump, a room should be provided. Staff may not ask the mother to cover up. According to Minnesota statute 145.905, "a mother may breast-feed in any location, public or private, where the mother and child are otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered during or incidental to the breast-feeding."
Suspension
Q8: What if the disruptive customer leaves the WFC before receiving the Notice of Suspension from Resource Area letter?
A8: The letter may be mailed, if the address is known, otherwise hold the letter and present it to the customer if the customer returns to the WFC. Record in the Incident Log when the Notice is provided to the customer
Q9: Who is responsible for making the determination to suspend a customer if a customer has violated the Customer Code of Conduct more than once?
A9: The WFC Site Manager or designee is responsible for making the determination to suspend a customer and must carefully balance the severity of the triggering incident with the customer's right to access the Resource Area for job search activities.
Note: A suspension from the Resource Area can be instituted only if: (1)the violation-incidents have been documented; and (2) if the suspension is a result of a level 1 violation, the customer has been provided notice that any further misuse will result in temporary suspension of computer access in the Resource Area. (level 2 and 3 violations do not require a warning or notice to be given to the customer and are grounds for immediate suspension.)
Q10: Who should be notified before a suspension of a customer is enforced?
A10: The WFC Site Manager has the authority to suspend a customer for a period of more than one (1) day and less than six (6) months. For suspensions six (6) months or greater in length, the WFC Site Manager must first discuss an intended suspension with the WDD Equal Opportunity Officer, indicating why he/she is recommending the suspension of a Resource Area customer. If the Equal Opportunity Officer agrees a suspension of six (6) months or more is warranted, then a letter will be sent to the customer from the WorkForce Development Division Director.
Q11: Can a suspended customer visit an alternate WFC?
A11: Yes. A suspension from one WFC only covers that specific WFC. Exceptions may be granted for level 3 violations, if the WFC Site Manager believes the customer needs to be suspended from multiple locations in order to ensure the safety of staff. In that case, the WFC Site Manager must discuss an intended suspension from more than one WFC with the DEED WDD EOO indicating why he/she is recommending the suspension from multiple locations. If the EOO agrees a suspension from more than one WFC is warranted, then a letter will be sent to the customer from the WDD Director.
Q12: If a customer is suspended from the Resource Area, is he/she also suspended from entering the WFC?
A12: A suspension only applies to the Resource Area, not the entire WFC.
Q13: How is a suspension applied to a customer who has not provided his/her name?
A13: Staff should check the computer sign in sheet and attempt to locate the customer's name from there. When the name is not available, the Notice of Suspension from WorkForce Center Resource Area letter may read, "Dear Customer."
Q14: When does a Notice of Suspension letter need to be provided to the DEED Equal Opportunity officers?
A14: Any time the Notice of Suspension from Resource Area letter is given to a customer, the letter must be signed by the Site Manager or designee and a copy must be sent to the DEED Equal Opportunity officers. If the customer is being suspended for the remainder of the day using the One Day Notice of Suspension from Resource Area letter, it does not need to be signed by a manager or forwarded to the DEED Equal Opportunity officers.
Incident Logs
Q15: Is it permissible for a customer to view the Customer Code of Conduct Violations Incident Log?
A15: Only that customer's information on the Incident Log may be viewed by the customer.
Q16: How are Incident Logs managed?
A16: Incident Logs are managed locally at each WFC. The WDD Equal Opportunity Officer, will request the logs at the end of each state fiscal year. WFCs should begin a new log on July 1 of each state fiscal year. The Incident Log from the previous year must be submitted no later than July 10th each year.
This policy will be reviewed and updated if necessary on an annual basis.