Able and Available AA 500 - Fact Finding Guide
Wages And Time
If the claimant is restricting his/her availability to part-time work, it must first be determined whether the claimant meets the part-time work criteria under UI Code Section 1253.8 (refer to BDG AA5 for a complete discussion of the part-time work criteria).
- If the claimant meets the criteria to restrict to part-time work under UI Code Section 1253.8, no further investigation is necessary. The claimant would be approved for part-time work regardless of the reason why the claimant is restricting his/her availability.
- If the claimant does not meet the criteria to restrict to part-time work under UI Code Section 1253.8, then the claimant’s eligibility must be adjudicated under UI Code Section 1253 (c). Continue with the fact finding questions below.
Fact Finding Guide
- Is the claimant’s wage requirement a restriction, or merely a preference?
- If the claimant has imposed a wage restriction, what is the claimant’s reason for the restriction?
- What is the local prevailing wage range for persons with the claimant’s experience and qualifications? (Document the source of the information.)
- Is the claimant’s wage demand within the prevailing wage range? If not,
- Is the claimant aware of prevailing wages for the local labor market?
- Does the claimant’s wage restriction materially reduce his or her job prospects?
- If all factors indicate the claimant should lower his or her wage restriction, is the claimant willing to do so? (Will lowering the wage restriction materially improve the claimant’s job prospects?)
- If the claimant has more than one customary occupation, is he or she willing to accept the prevailing wage for all occupations?
- What are the claimant’s prospects of obtaining work with his or her wage restriction?
- If the claimant restricts to union wages, is he or she a union member in good standing?
- Is disciplinary action imposed by the union for acceptance of nonunion wages?
- Does a labor market exist for union members?
- Has the claimant merely expressed a preference or imposed a true restriction on work time?
- What are the usual and customary hours, days, or shifts for the claimant’s occupation in the local labor market area? (Document the source of the information.)
- What restrictions has the claimant placed regarding hours, days, or shifts?
- Why has the claimant placed restrictions upon time?
- Is the reason a compelling reason?
- If the reason for the restriction is compelling, what has the claimant done to attempt to remedy the situation to avoid imposing the restriction?
- What amount of the labor market is eliminated by imposition of the restriction?
- If the claimant refuses to consider temporary work or will accept only temporary work, why does he or she impose this restriction?
- Is the reason for the restriction compelling?
- What effect does the restriction have on the claimant’s labor market?