Able and Available AA 440 - Fact Finding Guide
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
- What restriction(s) is the claimant placing on his or her availability for work?
- Does the restriction conflict with the claimant’s labor market conditions?
- Is the restriction absolute or merely a preference?
- If the restriction involves an employer requirement, what is the requirement that the claimant cannot meet?
- Why is the claimant unable to meet the requirement?
- If good cause is established for the restriction, does the claimant remain available to a substantial field of employment?
- 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?
- If the claimant does not have good cause for the restriction, has the claimant’s availability been materially reduced by the restriction?
Last Revised: 01/14/2022