Register June 2007 No. 618
Chapter DWD 127
Work search; policy; requirements.
Waiver of work search requirements.
Claimants to present evidence of work search efforts.
Certification as to work search.
Added efforts to secure work.
Further disqualifications; retroactivity.
Ch. DWD 127 Note
Chapter ILHR 127 was created by emergency rule effective 1-8-84. Chapter ILHR 127 was renumbered Chapter DWD 127 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1997, No. 498
Unless the context clearly indicates a different meaning, the definitions in ch. DWD 100
apply to this chapter.
DWD 127.001 History
Cr. Register, September, 1995, No. 477
, eff. 10-1-95.
Work search; policy; requirements. DWD 127.01(1)(1)
Under s. 108.04 (2)
, Stats., a claimant shall be eligible for unemployment benefits for any week only when the department finds, among other things, that the claimant has within that week made a reasonable search for suitable work. The search for suitable work shall include at least 2 actions by the claimant each week that are reasonably designed to secure work. Mere registration for work under ch. DWD 126
does not establish that the claimant is making a reasonable search for suitable work. It is essential that the claimant personally and diligently search for work on his or her own behalf. The reasonableness of a search for work will, in part, depend on the employment opportunities in the claimant's labor market area. A work search which may be appropriate in a labor market area with limited opportunities may be totally unacceptable in an area with greater opportunities. Unreasonable limitations by a claimant as to salary, hours or conditions of work indicate that a claimant is not making a reasonable search for suitable work. The department expects each claimant to conduct himself or herself as would a prudent person who is out of work and seeking work.
The department shall consider the following actions to constitute a reasonable search for suitable work under the facts and circumstances of each claimant's situation:
Making applications for work with employers who may reasonably be expected to have openings for suitable work;
Applying for work with former employers; however, a claimant may refuse to apply for work with an employer if the claimant previously terminated employment with the same employer with good cause attributable to the employer under s. 108.04 (7) (b)
Making applications or taking examinations for suitable work in the civil service of a governmental unit;
Registering with a union referral or hiring hall and complying with the various union registration requirements and job referral procedures;
Registering with a placement facility of the claimant's professional organization;
Registering with a placement facility of a school, college or university if one is available to the claimant in his or her occupation or profession;
Registering with a private employment agency or an employer's placement facility; however, no claimant may be denied benefits solely on the ground that he or she has failed or refused to register with a private employment agency or any other placement facility which charges a fee for its services;
Participating in employment workshops which offer instruction in improving the claimant's skills for finding and obtaining employment; or
Performing any other reasonable action which the department finds to constitute an effective means of searching for suitable work.
A claimant shall be ineligible for benefits in any week in which the department determines that the claimant's search for suitable work was not reasonable under the requirements of this section unless the search has been waived by the department.
DWD 127.01 History
Cr. Register, July, 1984, No. 343
, eff. 8-1-84; CR 06-072
: am. (1) and (2) (b), r. and recr. (2) (intro.) Register December 2006 No. 612
, eff. 1-1-07.
Waiver of work search requirements.
The department shall waive a claimant's search for suitable work requirement under s. DWD 127.01
for any week under any of the following circumstances:
The claimant performs any work for his or her customary employer.
The claimant is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the claimant by that employer. In determining whether the claimant has a reasonable expectation of reemployment by the employer, the department shall request the employer to verify the claimant's employment status and shall also consider other factors, including the following:
Any information that the employer furnished to the individual or the department concerning the claimant's anticipated reemployment date.
Whether the claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement.
The claimant has a reasonable expectation of starting work with a new employer within 4 weeks of the week in which waiver is being considered. In determining whether a claimant has a reasonable expectation of starting work with a new employer, the department shall consider factors including, but not limited to, the following:
The hiring practices of employers in the claimant's labor market area for workers who perform work which is similar to the work which the claimant is expected to perform for the new employer;
Any information which the new employer furnished to the claimant or the department about the time within which the work is expected to commence; and
The claimant has been laid off from work and routinely obtains work through a union referral or hiring hall process. Waiver under this subsection may be permitted only if:
The union referral or hiring hall process is the primary method by which workers obtain work in the claimant's customary occupation;
The union maintains a record of unemployed members and the referral activities of these members and allows the department to inspect such records;
The union provides, upon the request of a department deputy, any information regarding a claimant's registration or a job opening or referral;
Prospective employers of the claimant seldom place orders with the public employment office for jobs requiring occupational skills similar to those of the claimant;
The claimant is registered for work with his or her union and satisfies the requirements of the union relating to job referral procedures and maintenance of membership in good standing; and
The union enters into a written agreement with the public employment office regarding the requirements of this subsection.
During any calendar week in which any of the following days fall:
The claimant is summoned to serve as a prospective or impaneled juror.
The claimant is enrolled in and satisfactorily participating in a course of approved training under s. 108.04 (16)
The claimant has not made a search for suitable work because of an error made by personnel of the department.
The claimant was not aware of the work search requirement and the claimant's most recent employer failed to post and maintain the notice on claiming unemployment benefits that was supplied to the employer under s. DWD 120.01
The claimant reasonably expected to perform work during the week but did not receive timely notice from the employer that work would not be available so as to allow the claimant sufficient time to comply with the search for suitable work requirement in that week.
The claimant has been determined, pursuant to a profiling system established by the department, to be likely to exhaust regular unemployment insurance benefits and to need reemployment services in order to make a successful transition to new employment, and
The claimant has been referred for and is participating in reemployment services by complying with department directions regarding such services;
The claimant has been referred for reemployment services and is enrolled and satisfactorily participating in educational and training programs which were recommended based on a reemployment services assessment; or