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Employment Development Department
Employment Development Department

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.

  1. Has the claimant agreed to perform a service for the employer in return for a stipulated compensation?
  2. Does the employer have the right to control the manner in which the work is to be performed?

No Service Performed

  1. Services need not be active. Has the claimant contracted to stand-by and perform a service for the employer when called upon?
  2. May the claimant accept other employment while waiting to be called?
  3. Is the claimant receiving wages while holding himself in readiness to perform services?
  4. Is the claimant in receipt of wages for such things as back-pay awards or reuse pay?

Wages Due - No Prospect of Collecting

  1. What is the reason the employer has not paid the wages due?
  2. What steps has the claimant taken to attempt to collect these wages.
  3. Is the employer legally obligated to pay?
  4. Does the employer have the funds with which to make the payment?
  5. What are the prospects of collecting these wages at some future date?