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Employment Development Department
Employment Development Department

Total and Partial Unemployment TPU 105 - Fact Finding Guide

Contract Obligation

In determining the employment status of claimants working under special types of contracts, it is necessary to know the terms of the contract.

  1. Does the contract call for the exclusive services of the claimant, or call for a specific amount of time? If a specific amount of time is called for in the contract, what amount?
  2. Is the claimant prohibited by the contract from taking any other employment?
  3. Does the contract call for the claimant to “stand-by”?
  4. May the claimant accept other employment while standing-by?
  5. Is the claimant free to accept other employment once he has fulfilled his obligations under the contract?
  6. Can the contract be terminated at will by either party without penalty?
  7. Is the claimant paid whether or not he is called upon to perform services under the contract?
  8. Is the claimant paid only if he is called upon to perform a service?
  9. Is the claimant paid a specified amount no matter how much time he is required to give the employer?