Able and Available AA 5 - Fact Finding Guide
This guide is intended for fact-finding in relation to availability issues in general. Refer to the fact-finding guide at the end of the appropriate section for specific issues.
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 suitable work is the claimant willing to accept?
- What condition(s) does the claimant place on acceptable employment?
- 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?
- Has the claimant customarily worked with the restriction(s)?
- Is the restriction absolute or a preference?
- Has the claimant been advised that the limitation is considered by the Department to be a restriction?
- Has the claimant been made aware of the local labor market conditions and how his or her restrictions limit prospects of employment?
- Are there any reasonable alternatives which could eliminate the restriction?
- Is there more than one restriction? If so, what is the cumulative effect of the restrictions on the claimant’s labor market?
- If the claimant has good cause for the restriction, is there a substantial field of employment remaining?
- 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