Ariz. Admin. Code § R6-3-52105 - Contract Obligation (able and Available 105)

A. An individual's normal field of employment may be narrowed by contract obligations. For example:

1. Under contract terms with his last employer, he may be prohibited from accepting work in a certain line; or

2. His contract with an employer may require that he hold himself ready to answer work calls from that employer on certain days of the week; or

3. He may be required by a lease to remain on a certain piece of property most of his time.

B. Before determining whether a contract renders an individual unavailable, the relevant restrictions of the contract must be considered. If the contract requires full-time employment, the claimant is not available for work. If it does not, the claimant's obligations must be examined to see whether they unduly restrict accepting full-time employment for which he is qualified. Undue restriction consists of that degree of restriction which leaves no reasonable possibility of acceptance of full-time employment. Thus, if a salesman is obligated not to take sales work and cannot or will not take other work, he is unduly restricted and is unavailable for work.

C. An individual may be under certain contractual obligations and still assert that if employment were offered he would accept it in violation of his contract. This assertion must be viewed in the light of all the circumstances; if it appears to be true, there is no restriction in fact. In this type of case, thoroughness of investigation by the adjudicator cannot be too greatly emphasized.

D. A claimant who is "on call" or on "extra" or "stand-by" basis, but who is not required to work specific hours, may be presumed available for work if other circumstances indicate a readiness to accept work. A claimant on call who is not required to work specific hours and is ready to accept other work may be held available for work.

E. A contract to work in the future does not affect availability for the present, unless preparation for employment restricts the claimant's acceptance of suitable work. There is no requirement that the individual must be available for work at some future time. The mere fact that the claimant has a contract to begin another job several months after filing his initial claim does not render him unavailable during the period prior to beginning work under the contract. However, if the claimant states that he is unwilling to accept work because he has a contract for work beginning some time in the near future, he is unavailable for work.

Notes

Ariz. Admin. Code § R6-3-52105

Former rule number - Able and Available 105. Former rule repealed, new Section R6-3-52105 adopted effective January 24, 1977 (Supp. 77-1).