Total and Partial Unemployment TPU 415.05 - Fact Finding Guide

Self Employment or Other Work/General

  1. Is the claimant responsible to the person who buys the services for the manner and means of accomplishing the result or only for the result itself?
    1. Does the claimant establish the means of operating his/her part of the business?
    2. Did the claimant schedule his/her hours of work or are they scheduled by the employer?
  2. Has the claimant ever been warned by the employer about his/her work?
    1. Can the claimant be discharged at will by the employer?
  3. Is the claimant paid on a regular hourly, weekly, or monthly basis or at the completion of each job?
  4. Does the claimant buy his/her product wholesale from the employer?
    1. Does the claimant or the employer set the retail price?
    2. Who stands the loss on spoilage?
  5. If self-employed and under elective coverage provisions of Section 708, is the claimant unemployed within the meaning of Section 1252?
    1. Is the claimant under a contract?
    2. Did absence of or reduction in earnings result from claimant’s own actions?