TCA 50-7-701 requires that information obtained from claimants and employers be kept confidential with these exceptions:
1. To public employees in the performance of public duties
- The Agency will accept a subpoena and will forward it to our Legal Section, 220 French Landing Drive, Nashville TN 37243-0661 (FAX 615-532-7386).
- We will require identification and will record the badge number with any subpoena or signed Record of Claims Material Released, LB 0753, our Agency release form.
- We have instructed our local office staff to telephone the Legal Section at 615-741-3170 if they are unsure of the officer’s credentials or if they have questions.
- We will request the officer’s signature on our Agency release form before providing automated system data.
GOVERNMENT AGENCY OFFICIALS
- To a government official with an urgent in need for immediate information, we can provide automated system data.
- We will require identification and we will request the official’s signature on our Agency release form.
- If the need for information is not urgent, we will direct the government official to write to the address below and arrange for a contract to be negotiated and/or honored:
TN Department of Labor and Workforce Development (TLWD)
220 French Landing Drive
Nashville TN 37245-2600 (Requests must be signed but may be faxed to 615-253-4649)
We have contracts to provide information to the following governmental agencies:
|Human Services||Social Security Administration||U.S. Dept of Justice||TN Student Assistance Corp|
|TVA||Farmers Home||TBI||Certain Other Housing Authorities|
We do not release information to apartment owners/managers.
- We can release information to an adversely affected party who is requesting it to pursue appealing a claim.
- We will require identification and will require a signature on our Agency release form.
- We can release information to either party if an appeal has already been filed. Your request should be directed to: AppealsTribunal, Division of Employment Security, Nashville, TN 37245-0600.
3. To anyone if the information was introduced before the Appeals Tribunal or Board of Review
- We can release information to anyone who requests such for the furtherance of a UI claim. (No fee)
- If the information is requested for some other purpose such as a separate court case, there is a charge of $25. Such requests should be directed to Special Services at the address above.
GOVERNMENTAL AGENCY REQUESTS (Federal Law 20-Cfr Part 603)
Written requests on agency letterhead must clearly outline the purpose of the request and how the information will be used.
If authorized, the agency must agree to keep the material confidential, secure, for use only as stated and destroy after use.
The agency must reimburse this Agency $7.00 per individual computer data and $25 per filmed wage report or claims record.
We can release information to a governmental agency without charge for a single, isolated request.
CLAIMANT INFORMATION AVAILABLE FOR RELEASE
To a claimant, we can release their individual automated claim and payment history and/or work application at no charge.
We will require identification and will require a signature on our Agency release form.
Congressional passage of "The Tax Relief, UI Reauthorization and Job Creation Act of 2010," in part, reauthorized and extended the Work Opportunity Tax Credit (WOTC) Program through December 31, 2011.
The reauthorization made certain modifications to the WOTC tax credit program for employees that begin work for an employer after 12-31-2009, including, but not limited to, the following:
During federal fiscal year 2011, which ended on September 30, 2011, the Tennessee Department of Labor and Workforce Development issued 50,025 federal Work Opportunity Tax Credit (WOTC) certifications representing in excess of $201 million in potential federal income tax savings to Tennessee employers. The 2011 WOTC Certification level represents an increase over the previous year’s activity.
The Tennessee Department of Labor & Workforce Development, working with USDOL, the Internal Revenue Service, and other states, has been among the leaders in developing clear and effective regulatory requirements for the Work Opportunity Tax Credit (WOTC) Program since its inception in 1996. These efforts, along with our partnering state and local agencies have resulted in Tennessee being one of the nation’s top 5 producing states as it relates to the amount of potential Federal income tax credits it has been able to return to eligible Tennessee employers.
In an effort to streamline the WOTC application requirements, recent IRS guidance (Notice 2012-13) allows employers to submit a completed and signed Form 8850 to TDOL&WD via a fax transmission. All faxed WOTC applications should be sent to 615-532-1612.
To receive additional information regarding the WOTC tax credit program, please call 1-800-432-5268 (in state only) or fax your request to 615-532-1612.
Employers may also be eligible for a "State Tax Credit" under the Tennessee Jobs Tax Credit for Hiring Persons With Disabilities (TJTC). This is a one-time "State Tax Credit" which may be available to qualified employers who establish either full-time or part-time jobs(s) for persons with disabilities who are receiving state services directly related to such disability. For more information about the Tennessee Jobs Tax Credit for Hiring Persons With Disabilities, visit the TJTC - Frequently Asked Questions Web page.
The rapid response team works with employees in mass to inform them of services the state offers. Those services include Unemployment Insurance, job search and placement assistance, labor market and in-demand occupation information, testing and assessment; resumé preparation and interviewing skills workshops, and classroom and occupational skills training if deemed necessary.
Counseling is also available to help Dislocated Workers with a variety of issues, including job search assistance and job referral information, and coping with the stress of having lost their jobs through no fault of their own.
Under Worker Adjustment and Retraining Notification Act of 1988 (WARN), Tennessee employers are required to send a written notice to the Dislocated Worker Unit 60 days in advance of a plant closure or mass layoff. Tennessee Code annotated (TCA 50-1-601) requires such notice when 50 or more workers are affected, versus the 100 required by federal guidelines.
The Dislocated Worker Unit generates the required WARN Notification Letters which are distributed to the highest elected local official, the Local Workforce Investment Act (LWIA) Executive Director, the Governor's designated cabinet members, certain federally elected representatives and others in need of this information. Area Dislocated Worker coordinators are notified of impending layoffs or closures. The coordinators then contact the company and other members of the Rapid Response team within 48 hours to set up an initial meeting.
The Rapid Response team is made up of specialists who include Tennessee Career Center System representatives, the Area Dislocated Worker Coordinator, TN AFL-CIO (when applicable) and an Adult Education representative. The AFL-CIO is a member of the team if the affected workers are represented by organized labor. Other member agencies are included as required. The Tennessee Career Center System is the basic delivery vehicle for the state's Dislocated Worker Services.
Sterling van der Spuy, Director
Joe Fults, Director
The Incumbent Worker Training Program provides grant funding for customized training for existing for- profit and not-for-profit (healthcare related) businesses that result in layoff aversion. Through this customer-driven program, Tennessee is able to effectively retain and keep businesses competitive through skills upgrades and process improvement training for existing full-time employees. The Tennessee Department of Labor and Workforce Development administer the Incumbent Worker Training Program through a system of Local Workforce Investment Areas (LWIA).
For additional information contact: