Able and Available AA 195 - Fact Finding Guide
Type of Work
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.
- Is the claimant’s stated occupation in fact his or her customary occupation, and is the claimant entitled by virtue of experience and training to restrict him or herself to it?
- Is the customary occupation one in which there is a narrow field of employment, such as a financial planner, or a wide field such as a waitress?
- Does the claimant restrict to a particular industry, such as the stenographer who will only accept employment for insurance companies?
- If the claimant can no longer work in his or her customary occupation, what is the reason? If compelling, does the claimant have other training or experience for which there is a substantial labor market?
Experience and Training
- Does the claimant have sufficient experience or training to qualify for the particular occupation or occupational field in which he or she is seeking work?
- Is the claimant’s experience and training sufficiently extensive to allow the claimant to find employment soon at his or her highest skill and wage?
- If the claimant has no particular experience or training, is he or she willing to accept the conditions of the work for which he or she qualifies?
Preferred Employer or Employment
- What is the claimant’s reason for restricting to a particular employer or employment?
- Does the claimant have a definite date of return to a former employer within a reasonable period of time? Or is the return to work conditional or approximate?
- Is the claimant available for temporary work? If so, with what limitations? Does a labor market exist?
- Has the claimant placed any additional restrictions on acceptable employment?
- Does the claimant’s efforts to seek work support his or her.