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.

Customary Work

  1. 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?
  2. 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?
  3. Does the claimant restrict to a particular industry, such as the stenographer who will only accept employment for insurance companies?
  4. 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

  1. 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?
  2. 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?
  3. 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

  1. What is the claimant’s reason for restricting to a particular employer or employment?
  2. 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?
  3. Is the claimant available for temporary work? If so, with what limitations? Does a labor market exist?
  4. Has the claimant placed any additional restrictions on acceptable employment?
  5. Does the claimant’s efforts to seek work support his or her.