ETA Advisory File
ETA Advisory
ETA Advisory File Text
Attachment II Definition of Suitable Employment in Relation to Criterion 1 of TAA Training Eligibility 20 CFR 618.110 Definition Suitable employment means with respect to a worker work of a substantially equal or higher skill level than the worker s past adversely affected employment and wages for such work that are not less than 80 percent of the worker s average weekly wage. Part-time temporary short-term or threatened employment is not suitable employment. This definition is applied in Criterion 1 of TAA training eligibility at 20 CFR 618.610 a which requires that no suitable employment be available for the worker. The definition of suitable employment in 20 CFR 618.110 consists of multiple components. All components of the definition must be met for a job to meet the definition of suitable employment. If one component fails to meet the definition the worker does not have suitable employment and TAA training benefits can be considered. Applying the Definition of Suitable Employment under Criteria 1 for Trade-approved Training Substantially equal or higher skill set Compare job duties from separation job compared to current job. Is the new job equal to lower or higher skilled than their adversely affected employment Average weekly wages of at least 80 of the TAA- qualifying separation Information that may be collected from the worker to determine whether this component is met may include 1 What is their weekly wage hourly rate and how many hours now vs. what was their weekly wage hourly rate and how many hours in adversely affected employment 2 Does the new job or separating employment include commission regular bonuses retention pay- if so what was is it Threatened with layoff Does the worker s current employment have an outstanding WARN notice layoff announcement from the employer multiple active UI claims or does the worker have a future layoff If yes eligible under Criteria 1 regardless of wages. Short-term Temporary Employment Does the new employment have an end date or is the employment with a temporary agency or contract firm If yes eligible under Criteria 1 regardless of wages. Part-Time Employment Is the new employment less than full-time If yes eligible under Criteria 1 regardless of wages.