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LEADERSHIP

Program Definitions of “Dislocated Workers”

 

Excerpt from G. Michael Aheron, “Dislocated Workers in Rural North Carolina: Program and Policy Research Report - Working Paper,” September 2004

 

WIA

Workforce Investment Act of 1998, as amended

Section 101 Definitions:

(9) Dislocated worker.

The term “dislocated worker” means an individual who —

(A) (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment; (ii)(I) is eligible for or has exhausted entitlement to unemployment compensation; or (II) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 134(c), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and (iii) is unlikely to return to a previousindustry or occupation;
(B) (i) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; (ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or (iii) for purposes of eligibility to receive services other than training services described in section 134(d)(4), intensive services described in section 134(d)(3), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close;
(C) was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or

(D) is a displaced homemaker.

(10) Displaced homemaker.  —

The term “displaced homemaker” means an individual who has been providing unpaid services to family members in the home and who —
(A) has been dependent on the income of another family member but is no longer supported by that income; and
(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

See http://wdr.doleta.gov/readroom/legislation/pdf/105-220.pdf.

 

WARN

29 USC Chapter 23 - Worker Adjustment and Retraining Notification - 01/22/02
(a) Definitions: As used in this chapter -5) the term ''affected employees'' means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer.

See http://www.ows.doleta.gov/dmstree/ten/ten2k2/ten_04-02a2.pdf.

 

TAA

Health Care Tax Credit (Trade Adjustment Assistance Reform Act of 2002) Individuals –

Eligibility

The Health Care Tax Credit assists two categories of dislocated workers:
1) Trade Readjustment Assistance Recipients: The first group is people who receive a Trade Readjustment Allowance under the Trade Adjustment Assistance program. This group included people who are eligible for Trade Readjustment Assistance but have not used up their unemployment insurance benefits.
2) Alternative Trade Adjustment Assistance Benefit Recipients: The second group is workers who are at least 50 years of age who receive a certain percentage of the wage differential between the wages of their previous, adversely affected employment and their new full-time employment.

See http://www.irs.gov/individuals/article/0,,id=185763,00.html.

 

Other

Unwritten Dislocated Worker Definitions Used by Agencies/Organizations

  • A dislocated worker is anyone who has been laid off or terminated without cause.
  • A dislocated worker is one whose job has been terminated and the prospects of re-employment in his/her former field of work are unlikely locally.
  • An applicant that has been employed in past and has lost job due to no fault of his/her own, such as plant closing.

LEADERSHIP

Program Definitions of “Dislocated Workers”

 

Excerpt from G. Michael Aheron, “Dislocated Workers in Rural North Carolina: Program and Policy Research Report - Working Paper,” September 2004

 

WIA

Workforce Investment Act of 1998, as amended

Section 101 Definitions:

(9) Dislocated worker.

The term “dislocated worker” means an individual who —

(A) (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment; (ii)(I) is eligible for or has exhausted entitlement to unemployment compensation; or (II) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 134(c), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and (iii) is unlikely to return to a previousindustry or occupation;
(B) (i) has been terminated or laid off, or has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; (ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or (iii) for purposes of eligibility to receive services other than training services described in section 134(d)(4), intensive services described in section 134(d)(3), or supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close;
(C) was self-employed (including employment as a farmer, a rancher, or a fisherman) but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or

(D) is a displaced homemaker.

(10) Displaced homemaker.  —

The term “displaced homemaker” means an individual who has been providing unpaid services to family members in the home and who —
(A) has been dependent on the income of another family member but is no longer supported by that income; and
(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.

See http://wdr.doleta.gov/readroom/legislation/pdf/105-220.pdf.

 

WARN

29 USC Chapter 23 - Worker Adjustment and Retraining Notification - 01/22/02
(a) Definitions: As used in this chapter -5) the term ''affected employees'' means employees who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing or mass layoff by their employer.

See http://www.ows.doleta.gov/dmstree/ten/ten2k2/ten_04-02a2.pdf.

 

TAA

Health Care Tax Credit (Trade Adjustment Assistance Reform Act of 2002) Individuals –

Eligibility

The Health Care Tax Credit assists two categories of dislocated workers:
1) Trade Readjustment Assistance Recipients: The first group is people who receive a Trade Readjustment Allowance under the Trade Adjustment Assistance program. This group included people who are eligible for Trade Readjustment Assistance but have not used up their unemployment insurance benefits.
2) Alternative Trade Adjustment Assistance Benefit Recipients: The second group is workers who are at least 50 years of age who receive a certain percentage of the wage differential between the wages of their previous, adversely affected employment and their new full-time employment.

See http://www.irs.gov/individuals/article/0,,id=185763,00.html.

 

Other

Unwritten Dislocated Worker Definitions Used by Agencies/Organizations

  • A dislocated worker is anyone who has been laid off or terminated without cause.
  • A dislocated worker is one whose job has been terminated and the prospects of re-employment in his/her former field of work are unlikely locally.
  • An applicant that has been employed in past and has lost job due to no fault of his/her own, such as plant closing.