Miscellaneous MI 35 - Fact Finding Guide
Assessing and Removing Non-monetary Disqualifications
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 meets the criteria to restrict to part-time work under UI Code Section 1253(c). Continue with the fact finding questions below.
Fact Finding Guide
- What does the applicable code section provide for a starting date for the disqualification?
- Week in which the disqualification is assessed.
- Week in which the act occurred which led to the disqualification.
- Specific days of ineligibility if issue is BR.
- If the issue is AA, is there an applicable "special provision" code section covering the basis for the disqualification?
- Is the disqualification one that cannot be projected into the future? Have the disqualifying conditions ended as of the date of interview?
- Has the disqualification been imposed as a result of a conviction? What date was the criminal complaint filed?
- If the disqualification arose from school employment or work as an athlete during the base period of the claim, can the claimant be paid on a quasi-award?
- Has the claimant complied with all conditions for lifting or purging the disqualification?
- Is the claimant "otherwise eligible" for benefits? Are there any new eligibility factors to consider?
- If a redetermination is in order, has the redetermination been requested within the applicable time period?
Denying Removal of a Disqualification
- Have the conditions, required to remove the disqualification, been met? If not, deny removal of the disqualification.
Bona Fide Employment
- How did the claimant secure the job?
- Is the claimant related to the employer?
- For whom, where, and how long did the claimant work in the "purge" employment?
- Would the employer have hired someone else if the claimant had not been hired?
- Will this employer hire someone in the future for the same job?
- Would the claimant return to the same job under the same conditions? If not, why not?
- Is the claimant willing to accept work under the same conditions for another employer? If not, why not?
- What is the claimant's usual occupation and rate of pay? How does this compare to the "purge" employment?