Total and Partial Unemployment TPU 80.05 - Fact Finding Guide
Compensation Not Payable or No Work Done
In deciding the employment status of a claimant who is either performing a service, or receiving compensation, but not necessarily both, the first question is whether or not there is an employer-employee relationship.
- Has the claimant agreed to perform a service for the employer in return for a stipulated compensation?
- Does the employer have the right to control the manner in which the work is to be performed?
No Service Performed
- Services need not be active. Has the claimant contracted to stand-by and perform a service for the employer when called upon?
- May the claimant accept other employment while waiting to be called?
- Is the claimant receiving wages while holding himself in readiness to perform services?
- Is the claimant in receipt of wages for such things as back-pay awards or reuse pay?
Wages Due - No Prospect of Collecting
- What is the reason the employer has not paid the wages due?
- What steps has the claimant taken to attempt to collect these wages.
- Is the employer legally obligated to pay?
- Does the employer have the funds with which to make the payment?
- What are the prospects of collecting these wages at some future date?