Trade Adjustment Assistance (TAA) Questions and Answers
Question: I have been certified as TAA eligible by U.S. Department of Labor. What are my rights to participate in TAA training?
Answer: So long as you follow instructions and complete your benefits rights interview (BRI) and enroll in training promptly, you should be able to participate in TAA-funded training so long as your selected training meets the rules for approval of TAA training.
TAA training approval is available under federal law (19 United States Code Sec. 2296(a)(1)) when these elements are satisfied:
1. There is no suitable employment for the worker.
2. The worker would benefit from appropriate training.
3. There is a reasonable expectation of employment following training.
4. Training must be reasonably available to the worker.
5. The worker is qualified to obtain and complete the training, including having adequate financial resources available to complete the training when income support is exhausted.
6. The training is suitable and available at a reasonable cost.
Once you have identified a training program which you feel meets these elements, then provide any supporting information to the transition center or one-stop. Supporting information would include materials describing the training, occupational projections if you can get them, and costs of training. You should get help if needed in making a decision on appropriate training, available courses, and related information.
Question: I have a TAA training program I want to take. But, the one-stop staff is encouraging me to enter short-term training that I don't feel serves my best interests. They have told me that they will not approve the training program I have selected. What should I do?
Answer: Explain why your selected TAA training program meets the requirements for approval under federal law. If that does not gain approval of your selected training, ask for a written denial of approval for the TAA training program you have selected. Federal law requires written notice. Federal regulations state that:
Selection for, approval of, or referral of an individual to training under this Subpart C, or a decision with respect to any specific training or non-selection, non-approval, or non-referral for any reason shall be a determination to which §§ 617.50 and 617.51 apply. 20 Code of Federal Regulations Sec. 617.22(e).
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The State agency shall notify the individual in writing of any determination or redetermination as to entitlement to TAA. Each determination or redetermination shall inform the individual of the reason for the determination or redetermination and of the right to reconsideration or appeal in the same manner as determinations of entitlement to UI are subject to redetermination or appeal under the applicable State law. 20 Code of Federal Regulations Sec. 617.50(e).
Question: If I am denied training approval in a written determination, what should I do?
Answer: If you get an unfavorable ruling denying approval of your TAA training request, file an appeal with ODJFS within 21 days and contact your local union. You can find detailed instructions on filing an appeal on the ODJFS website at the following web address: <http://jfs.ohio.gov/unemp_comp_faq/faq_appeal.stm>
Be prepared to show how your selected training program meets the TAA training approval elements listed in first question above. You must continue filing claims for UC and/or TRA until your appeal is decided, as well as completing training waiver requests and renewing those waivers every 30 days and meeting any other program requirements.
Remember:
§ Know your rights and responsibilities
§ Feel free to share a copy of this flyer with one-stop staff.
§ Remain calm, but assert your rights.
§ Keep your local union informed of all denials.
