Ariz. Admin. Code § R6-3-52160 - Effort to Secure Employment or Willingness to Work (able and Available 160)

Current through Register Vol. 48, No. 14, April 8, 2022

A. Application for work (Able and Available 160.1)
1. In order to maintain continuing eligibility for unemployment insurance a claimant shall be required to show that, in addition to registering for work, he has followed a course of action which is reasonably designed to result in his prompt reemployment in suitable work. Consideration shall be given to the customary methods of obtaining work in his usual occupation or for which he is reasonably suited, and the current condition of the labor market. Subject to the foregoing, the following actions by a claimant either singular or in combination may be considered a reasonable effort to seek work.
a. Registering and continuing active checking with the claimant's union hiring or placement facility.
b. Registering with a placement facility of the claimant's professional organization.
c. Applying for employment with former employers.
d. Making application with employers who may reasonably be expected to have openings suitable to the claimant.
e. Registering with a placement facility of a school, college, or university if one is available to the claimant in his occupation or profession.
f. Making application or taking examination for openings in the civil service of a governmental unit.
g. Registering for suitable work with a private employment agency or an employer's placement facility.
h. Responding to appropriate "want ads" for work which appear suitable to the claimant.
i. Any other action found to constitute an effective means of seeking work suitable to the claimant.

No claimant, however, shall be denied benefits solely on the ground that he has failed or refused to register with a private employment agency or any other placement facility which charges the job seeker a fee for its services.

2. A claimant shall be deemed to have failed to make a reasonable effort to seek work on his own behalf if he has wilfully followed a course of action designed to discourage prospective employers from hiring him for suitable work.
3. Notwithstanding any of the foregoing, if the prospects of suitable job openings other than those listed with the public Job Service in a particular locality, or time period are so remote that any effort to seek work other than by registration for work would be fruitless to the claimant and burdensome to employers, then such registration by the claimant shall be deemed a reasonable effort to seek work.
4. A claimant is not required to register for work with the Job Service if he is unemployed due to a labor dispute at the establishment of his employer and he intends to return to work for such employer following termination of the dispute. Any claimant who is unemployed due to a labor dispute and who states on his initial claim that he register for work and lists his occupation is deemed to have met the Department's registration requirements. This applies equally to those claimants who normally obtain work by registering with their union hiring or placement facility.
5. When a claimant has a definite date to return to work for a former employer, or a definite starling date for employment or approved training, the question of availability as it relates to continued work search will depend on the nature of the claimant's usual work, the condition of the labor market, and the span of time until he is to begin work or training.
a. A claimant who customarily performs work in which temporary employment is common must continue to seek temporary jobs until the beginning date of work or training to be considered available for work.
b. A claimant qualified only in work for which odd job employment seldom exists will not be expected to seek other employment during a reasonable period before the job or training is to start. A reasonable period is generally considered to be two weeks.
B. Registration and reporting (Able and Available 160.3). When a claimant fails to respond as directed to a Job Service call-in card or telephone call-in regarding a possible referral to employment, he is unavailable for work for the week in which he fails to respond unless such failure was due to non-receipt of the card or message through no fault of his or his agent.

Notes

Ariz. Admin. Code § R6-3-52160
Former rule number Able and Available 160. - 160.3. Former rule repealed, new Section R6-3-52160 adopted effective January 24, 1977 (Supp. 77-1). Amended effective March 19, 1979 (Supp. 79-2).

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