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Employment Development Department
Employment Development Department

Miscellaneous MI 35 - Fact Finding Guide

Assessing and Removing Non-monetary Disqualifications

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).

Fact Finding Guide

Assessing Disqualifications

  1. What does the applicable code section provide for a starting date for the disqualification?
    • Week in which the disqualification is assessed.
    • Week in which the act occurred which led to the disqualification.
    • Specific days of ineligibility if issue is BR.
  2. If the issue is AA, is there an applicable "special provision" code section covering the basis for the disqualification?
  3. Is the disqualification one that cannot be projected into the future? Have the disqualifying conditions ended as of the date of interview?
  4. Has the disqualification been imposed as a result of a conviction? What date was the criminal complaint filed?
  5. If the disqualification arose from school employment or work as an athlete during the base period of the claim, can the claimant be paid on a quasi-award?

Removing Disqualifications

  1. Has the claimant complied with all conditions for lifting or purging the disqualification?
  2. Is the claimant "otherwise eligible" for benefits? Are there any new eligibility factors to consider?
  3. If a redetermination is in order, has the redetermination been requested within the applicable time period?

Denying Removal of a Disqualification

  1. Have the conditions, required to remove the disqualification, been met? If not, deny removal of the disqualification.

Bona Fide Employment

  1. How did the claimant secure the job?
  2. Is the claimant related to the employer?
  3. For whom, where, and how long did the claimant work in the "purge" employment?
  4. Would the employer have hired someone else if the claimant had not been hired?
  5. Will this employer hire someone in the future for the same job?
  6. Would the claimant return to the same job under the same conditions? If not, why not?
  7. Is the claimant willing to accept work under the same conditions for another employer? If not, why not?
  8. What is the claimant's usual occupation and rate of pay? How does this compare to the "purge" employment?