Able and Available AA 440 - Fact Finding Guide

Working Conditions

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

  1. What restriction(s) is the claimant placing on his or her availability for work?
  2. Does the restriction conflict with the claimant’s labor market conditions?
  3. Is the restriction absolute or merely a preference?
  4. If the restriction involves an employer requirement, what is the requirement that the claimant cannot meet?
  5. Why is the claimant unable to meet the requirement?
  6. If good cause is established for the restriction, does the claimant remain available to a substantial field of employment?
  7. If a substantial field of employment does not remain available in the claimant’s usual occupation, is the claimant reasonably fitted for any other work?
    • Does such work exist in the claimant’s labor market area with more than a minimal number of employers?
    • Is the claimant willing to seek and obtain such work under the prevailing labor market conditions for his or her area?
  8. If the claimant does not have good cause for the restriction, has the claimant’s availability been materially reduced by the restriction?