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Employment Development Department
Employment Development Department

Total and Partial Unemployment TPU 5 - Fact Finding Guide

General

A. Services

  1. Did claimant perform work as an employee? (If claimant self-employed, or if there is a question as to whether claimant worked as an employee or as an independent contractor, see TPU 415.)
  2. Had the claimant contracted to stand by in readiness to perform a service for an employer when called upon? If so, was he/she paid or entitled to be paid for standing by?
  3. What type of work did the claimant perform?
  4. How many hours did the claimant work per week?
  5. What is full-time work for this occupation?
    1. How many hours are worked per week, during normal workload periods, by the majority of workers in this occupation in the labor market area in which the claimant is employed?
    2. Is overtime pay required or generally paid when an individual in this occupation has worked a particular number of hours? If so. after what number of hours?
    3. If a unionized occupation, do the provisions of a collective bargaining agreement specify what is the standard workweek? If so, how many hours?
    4. If claimant is working as a commission salesperson in an employer-employee relationship -Is this the claimant's usual or primary occupation? How many hours per week is the claimant devoting to this work? Could the claimant work more or less hours per week if he/she so desired?

B. Wages

  1. Is some form of compensation payable to the claimant?
  2. Is the compensation considered to be wages for the purposes of Section 1252 and/or 1279?
  3. To what week are the wages allocable (i .e., when did the claimant earn the wages)?
  4. How much are the claimant's gross earnings?
  5. How much of the gross earnings are deductible? (Refer to the DE 8825, Benefit Reduction Table.)
  6. Are the deductible earnings less than, equal to, or more than the claimant's WBA?