a) An
individual is actively seeking work when he or she makes an effort that is
reasonably calculated to return him or her to the labor force. Reasonableness
is determined by factors including, but not limited to: the individual's
physical and mental abilities, his or her training and experience, the
employment opportunities in the area, the length of unemployment, and the
nature and number of work search efforts in light of the customary means of
obtaining work in the occupation.
b) An individual is not actively seeking work
if he or she seeks work that is unrealistic in light of his or her physical or
mental limitations.
EXAMPLE: The individual, seven months pregnant, quit her job
as an assembler because it was strenuous and required her to be constantly on
her feet. She applies for work at a factory, as an assembler, under conditions
essentially the same as those of her last job. She would be determined to be
not actively seeking work.
c) The individual is not actively seeking
work if he or she seeks work that is unrealistic in light of his or her
training or experience.
EXAMPLE: The individual has always wanted to be a real estate
agent; this requires a license he does not possess. To the extent that he only
seeks work as a real estate agent, he would be determined to be not actively
seeking work.
d) Whether an
individual is actively seeking work is determined in part by comparing his or
her occupation with labor market conditions in the locality. In some cases, an
application for work can have a continuing effect.
EXAMPLE: The individual is a waitress, just laid off by one
of three restaurants in her community. During her first two weeks of
unemployment, she applies for work at the other two restaurants and awaits the
results of her efforts. She would be determined to be actively seeking work for
that period.
e) As the
period of unemployment lengthens, the individual should intensify his or her
efforts to find work in his or her usual occupation, or, he or she should
pursue work in another occupation for which he or she is qualified.
1) EXAMPLE: After being laid off from his job
as a parking lot attendant, the individual sought similar work at other parking
lots within his community, without success. As time passes, he must seek work
outside his community (within reasonable commuting distance).
2) EXAMPLE: Same facts as in example above
but, prior to working as a parking lot attendant, the individual worked as a
short-order cook. In addition to, or instead of, seeking work as a parking lot
attendant, he should seek work as a short-order cook, or other work for which
he is qualified; otherwise, he would be determined to be not actively seeking
work.
f) Whether or not
the individual is actively seeking work is determined by the quality of his or
her efforts; although the quantity of job contacts should be considered, it is
not necessarily determinative of an active search for work. The methods that
the individual uses to contact employers should be examined in light of those
customarily used to obtain work in the occupation.
1) EXAMPLE: The individual seeks work as a
retail sales clerk. On a Monday morning, she visits a shopping mall, where she
applies for work at seven stores and is rejected by each. For the rest of the
week, she makes no effort to find work. This individual would be determined to
be not actively seeking work, despite having made seven job contacts in one
day.
2) EXAMPLE: The individual, a
cash-flow specialist, last worked for a major corporation, and was directly
accountable to the highest corporate officers. After being unemployed for one
month, she contacts a friend who works for a company located in Woonsocket,
Rhode Island. On Monday, the claimant travels to Woonsocket. On Tuesday, she
begins the interviewing process, meeting the manager of human resources. On
Wednesday morning, she is interviewed by a budget analyst. That evening, there
is a dinner-interview with two vice presidents, who tell her they will speak
with the president, then get back to her the next day or the day after. The
claimant stays in Woonsocket until Friday, at which time she is told she will
not be offered a job. The claimant would be determined to have been actively
seeking work, despite this being her only job contact.
3) EXAMPLE: The individual states that he is
currently seeking work as a day laborer or in food service. He contacts
prospective employers by telephone, exclusively. Because, as a practical
matter, many day laborer and food service positions are filled by persons
making applications in-person, this individual would be determined to be not
actively seeking work.
g) The best evidence that an individual is
"actively seeking work" is that he or she readily secures work, based upon his
or her efforts.
EXAMPLE: The individual last worked as assistant manager of a
shoe store. During his first week of unemployment, he prepares a resume and
mails 100 copies to retail establishments. The next week, he mails another 100
resumes. As a result of his mailings, and no other efforts, he readily obtains
work. This individual would be determined to have been actively seeking work
during the weeks under review.
h) There is a rebuttable presumption that an
individual is not actively seeking work if he or she was last employed by a
"temporary help firm", as defined in Section
2865.1, and the temporary help
firm submits a notice of possible ineligibility (see Section
2720.130) alleging that, during
the week for which he or she claimed benefits, the individual did not contact
the temporary help firm for an assignment. The presumption is rebutted if the
individual shows that he or she did contact the temporary help firm or that he
or she had good cause for his or her failure to contact the temporary help firm
for an assignment.
1) EXAMPLE: An individual
completes an assignment on Friday and does not contact the temporary help firm
during the next week, for which he claims benefits. The individual states that
he did not contact the temporary help firm because he did not remember the
firm's telephone number, even though the number was listed in the telephone
book. This is not good cause. On the basis of his failure to contact the
temporary help firm, he is not actively seeking work.
2) EXAMPLE: An individual completes an
assignment on Monday, reports to his Local Office on Tuesday, and does not
contact the temporary help firm the remainder of the week. The individual did
not contact the temporary help firm because he had already accepted an
assignment from the temporary help firm for the following Monday and had been
told by the temporary help firm that there were no other assignments until
then. This is good cause and he is not ineligible on the basis of not
contacting the temporary help firm.
3) EXAMPLE: An individual completes an
assignment on Friday and does not contact the temporary help firm during the
next week, for which he claims benefits. The individual did not contact the
temporary help firm because his wife was hospitalized and he was solely
responsible for caring for his infant daughter at home. Although this is good
cause, the claimant is ineligible because he is unavailable for work (see
Section
2865.110(b)).
