reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51390 - Relations with Fellow Employees (misconduct 390)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Misconduct 390.05). An employer
				has the right to expect that his employees will not conduct themselves toward
				each other in such manner as to interfere unduly with the routine or efficient
				conduct of his business. Temperamental inability to get along with fellow
				employees is not deemed to be misconduct connected with the work. Only when
				incompatibility manifests itself in an overt act which could impair the
				efficiency of operations, or could result in injury to the employer's interest
				may it be deemed misconduct.
B.
				Abusive or profane language (Misconduct 390.1)
1. The use of abusive or profane language may
				be work connected misconduct depending upon the circumstances. If the
				employment is of a nature that the use of such language interferes with the
				proper routine of the employer's business, misconduct exists as there is a
				violation of the employee's duty to the employer.
2. At some work sites mildly abusive and
				profane language are accepted as normal standards of behavior. The use of such
				language in those employment situations does not constitute misconduct. Only
				when it is used in such a belligerent or vociferous manner that there is
				interference with good order and discipline at the establishment can misconduct
				be established.
3. The occasional
				use of profanity is not misconduct unless it leads to dissatisfaction and
				discord among employees, and the employer had previously warned against its
				use.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51435 - Tardiness (misconduct 435)

Current through Register Vol. 30, No. 28, July 12, 2024
A. The duty to report to work on time is
				similar to the duty to be present for work. The responsibility for punctuality
				is expressed or implied in the contract of employment.
B. The degree of responsibility may vary in
				proportion to the potential harm to the employer and to the degree of control
				the worker had over his tardiness. Late arrival due to unavoidable delay in
				transportation, emergency situations, or causes not within the claimant's
				control is not misconduct. Unnecessary delay in arrival beyond the time that
				the worker should have been able to get to work after considering his reason
				for delay may constitute misconduct.
C. An isolated instance of tardiness usually
				is not misconduct. However, when an employee has special responsibilities such
				as opening an establishment, furnishing power and heat for others and the like,
				his failure to exercise a high degree of concern for punctuality may amount to
				misconduct. In the absence of pressing responsibilities, misconduct may be
				found in repetition of tardiness caused by the worker's failure to exercise due
				care for punctuality.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51475 - Union Relations (misconduct 475)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Membership or activity in union
				(Misconduct 475.5). Union activity except as hereinafter specified does not
				constitute an intentional breach of a worker's obligation toward his employer,
				nor may it be construed as disregard of the employer's interest. Membership in
				a union, agitation for unionization, or support of a union are not acts of
				misconduct in themselves. A worker who is discharged for joining a union is not
				discharged for misconduct connected with his work. This is generally also true
				of a worker dismissed because of union activity. However, when the union
				activities violate a known and reasonable company rule such as unauthorized
				solicitation of membership, or collection of dues and the like on company time
				or premises, a discharge for that reason is usually for misconduct connected
				with the work.
B. Refusal to join
				or retain membership in union (Misconduct 475.6)
1. The Constitution of Arizona provides: "No
				person shall be denied the opportunity to obtain or retain employment because
				of non-membership in a labor organization, nor shall the state or any
				subdivision thereof, or any corporation, individual or association enter into
				any agreement, written or oral, which excludes any person from employment or
				continuation of employment because of non-membership in a labor organization."
				In accordance therewith, a worker who is discharged in Arizona or in another
				state having a "right to work" law because of refusal to pay union initiation
				fees or membership dues, is discharged for a reason other than misconduct
				connected with the work.
2. If the
				worker is discharged from employment in a state which does not have a "right to
				work" law, refer to
				R6-3-50475(B).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51485 - Violation of Company Rule (misconduct 485)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Misconduct 485.05)
1. An employee, discharged for violating a
				company rule, generally is considered discharged for misconduct connected with
				the work. This principle is based on the theory that when hired, an employee
				agrees to abide by the rules of his employer. This section covers rules
				peculiar to a particular employer, and not rules constituting the general code
				of industrial misconduct. In order for misconduct connected with the work to be
				found, it must be determined that the claimant knew "or should have known" of
				the rule and that the rule is reasonable and uniformly enforced.
2. Recognition must be accorded to the type
				of business in which the employer is engaged and other surrounding
				circumstances. The rule must be reasonable in light of public policy and should
				not constitute an infringement upon the recognized rights and privileges of
				workers as individuals. Rules to affect the employee's conduct outside the
				employer's premises and which could not reasonably affect the employer's
				interests are generally considered unreasonable.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 51 - DISCHARGE BENEFIT POLICY › Section R6-3-51490 - Violation of Law (misconduct 490)

Current through Register Vol. 30, No. 28, July 12, 2024
General (Misconduct 490.05)
1. A worker discharged from employment
				because of an alleged violation of a public law or rule shall be found to have
				been discharged for misconduct provided a preponderance of evidence establishes
				that:
a. The act(s) amounted to misconduct
				connected with the work (see
				R6-3-5185
				), and
b. The worker committed the
				act(s) alleged.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-5205 - General

Current through Register Vol. 30, No. 28, July 12, 2024
An unemployed claimant is eligible to receive benefits under
				  A.R.S.§
									23-771
				  for a work week if the Department finds that the claimant was able and
				  available to work during that week.
1.
				Availability for work is the readiness of a claimant to accept suitable work
				when offered. To be available for work, a claimant shall be:
a. Accessible to a labor market;
b. Ready to work on a full-time
				basis;
c. Free from personal
				circumstances that interfere with the claimant's ability to accept and
				undertake some form of full-time work; and
d. Actively seeking work or following a
				course of action reasonably designed to result in the claimant's prompt
				reemployment in full-time work.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-5240 - Attendance at School or Training Course

Current through Register Vol. 30, No. 28, July 12, 2024
A. In this rule, "full-time student" means a
				person who:
1. Satisfies the criteria for
				being a full-time student, as established by the school the student is
				attending;
2. Is a part-time
				student at 2 different schools if the number of the student's combined hours
				meets at least 1 school's definition of full-time student; or
3. Would be considered a full-time student
				under (1) or (2) and is enrolled in online courses that require the student to
				attend online lectures, participate in "blackboard" discussions, or be involved
				in other activities at a specific time that falls within the normal work day,
				unless the claimant meets one of the exceptions in (B)(1).
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-5245 - Disloyalty (able and Available 45)

Current through Register Vol. 30, No. 28, July 12, 2024
Security clearance (Able and Available 45.32). Any person
				  unable to obtain employment in his work classification because he has been
				  denied access to classified security information shall be held unavailable for
				  work unless it is determined he is available for other suitable work for which
				  a security clearance is not required.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-5270 - Citizenship or Residence Requirements (able and Available 70)

Current through Register Vol. 30, No. 28, July 12, 2024
A. An alien
				claimant who is residing illegally in the United States is unavailable for
				work.
B. A claimant lawfully in the
				United States who will not be hired by certain employers because he is an
				alien, is available for work provided work not requiring citizenship exists in
				reasonable quantity in the area in which he resides, and he will accept such
				work.
C. A claimant lawfully in the
				United States who lacks citizenship and restricts himself solely to work
				requiring citizenship is unavailable for work.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-5290 - Conscientious Objection (able and Available 90)

Current through Register Vol. 30, No. 28, July 12, 2024
A claimant who places certain restrictions upon his
				  availability because of religious convictions may be held available for work if
				  it can be shown that work for which he is qualified exists within these
				  limitations, or if he has previously performed full-time work under such
				  limitations.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52105 - Contract Obligation (able and Available 105)

Current through Register Vol. 30, No. 28, July 12, 2024
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.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52150 - Distance to Work (able and Available 150)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Able and Available 150.05)
1. There is a presumption of unavailability
				if an individual resides in a community in which there is no type of work
				existent for which he is qualified, and he is unable to seek and accept work in
				other communities in which such work does exist. This presumption can be
				overcome by a showing that the individual has an attachment to the community in
				which he is residing and that other suitable work exists. In arriving at a
				determination of this nature it is necessary to identify the type or types of
				work which the individual might reasonably be able to do and establish that
				such work does exist. If such work does exist, a period of adjustment is
				permitted before the claimant is expected to seek work elsewhere. The length of
				the adjustment period will depend on the length and nature of the claimant's
				attachment to the community and his prospects of securing other related work.
				In establishing the existence or lack of existence of such work it is essential
				to consider the total number of jobs of such classifications rather than the
				number of job openings or job orders.
2. Regardless of the claimant's attachment to
				the community, he should be held available if some work exists in the community
				in which he resides and there is a reasonable expectancy of his obtaining such
				work.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52155 - Domestic Circumstances (able and Available 155)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant is considered available for
				work only when he is prepared to accept at once (or within a reasonable time)
				any offer of suitable full-time employment. When the claimant's domestic
				circumstances are such that no work can be accepted for a temporary or
				permanent period, the claimant is unavailable for work. If, however, the
				claimant's circumstances do not unduly restrict his chances of employment, he
				may be available.
B. The
				restrictions must be considered in the light of the prevailing conditions of
				work, the claimant's past experience in working under such restrictions, and
				the opportunity of obtaining work under such restrictions. Quantitative
				standards cannot be set forth, but a good working rule is that a claimant's
				restrictions must not narrow his field of employment to such a degree that he
				has no reasonable possibility of obtaining or accepting employment for which he
				is reasonably fitted.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52160 - Effort to Secure Employment or Willingness to Work (able and Available 160)

Current through Register Vol. 30, No. 28, July 12, 2024
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.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52165 - Employer Requirements (able and Available 165)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Able and Available 165.05)
1. An employer has the right to set certain
				requirements which must be met by an individual to obtain employment. The
				failure or inability of an individual to meet the employer's requirements,
				although indicating a lack of qualifications for a particular job, will not
				render him unavailable for work if there are no undue restrictions upon the
				acceptance of other employment for which he is reasonably fitted. Some
				employers may require that an employee be bonded; others require physical and
				mental examinations, possession of certain tools, doctor's certificate,
				automobiles, or other equipment. Whether failure to meet such requirements
				would effectively bar the individual from suitable full-time employment depends
				on the customary practices in the claimant's occupation in that labor market
				area.
2. The refusal of employers
				to hire a worker because of non-work related requirements such as age, marital
				status, race or religion, constitutes unreasonable discrimination and does not
				render the worker unavailable.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52180 - Equipment (able and Available 180)

Current through Register Vol. 30, No. 28, July 12, 2024
A. In certain skilled occupations such as
				automobile mechanic, bricklayer, carpenter, plasterer, plumber, or welder,
				workers customarily own the hand tools or special clothing which they use in
				performing their work. If a claimant is seeking work only in such occupations
				it is his responsibility to have such equipment available for immediate use
				during periods of unemployment.
B.
				When a worker does not possess the customary equipment for his occupation and
				is unable or unwilling to purchase it, he is unavailable for work unless he is
				qualified for and is willing to accept other work existing in the
				area.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52190 - Evidence (able and Available 190)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Able and Available 190.05)
1. The question of ability to work frequently
				arises in cases when the claimant's employment was terminated by an illness or
				operation, but the claimant alleges a sufficient recovery to be able to return
				to work in his usual occupation. Any presumption of inability arising from a
				recent illness or operation may be rebutted by evidence showing the actual
				return to work following the illness or operation without a relapse. Employment
				subsequent to an illness is sufficient evidence of ability to work, provided it
				is not terminated because the individual has returned to work prematurely or
				found on trial he would be unable to do that type of work any longer.
2. Availability for work is more subjective
				and intangible than ability however, there are certain objective factors that
				may be applied in determining availability.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52235 - Health or Physical Condition

Current through Register Vol. 30, No. 28, July 12, 2024
A. General
1.
										 A claimant is able to work if the claimant possesses the physical
				and mental capabilities necessary to perform suitable work for which the
				claimant is reasonably qualified.
2. "Work for which a claimant is qualified"
				is not restricted to the customary occupation of the claimant. It includes any
				type of work for which the claimant is reasonably qualified and that the
				claimant can perform under normal conditions of employment. A disability may
				entirely prevent a claimant from pursuing the claimant's customary occupation
				and yet the claimant may retain sufficient physical and mental ability to
				perform some gainful work for which the claimant is reasonably qualified. The
				Department shall determine a claimant's "ability to work" on the basis of
				whether the claimant is able to work and not whether the claimant can obtain
				work.
3. "Able to work" does not
				include a claimant's appearance or any personal characteristic that might
				prejudice an employer against employing the claimant. To determine whether a
				claimant is able to work, the Department shall consider whether:
a. The work for which the claimant is
				qualified exists as a recognized part of the labor market; and
b. The claimant is capable of performing such
				work without endangering the claimant, coworkers, the public, or the
				employer.
4. The
				Department considers a skilled worker who can no longer follow the worker's
				trade more able to work than an unskilled worker because a skilled worker:
a. Typically possesses a number of skills
				that can be transferred to a larger number of related fields; and
b. Usually can assume more positions of
				responsibility.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52250 - Incarceration or Other Legal Detention (able and Available 250)

Current through Register Vol. 30, No. 28, July 12, 2024
A. An individual
				who is prevented from accepting employment because of confinement in jail is
				unavailable for work. However, every form of legal detention does not result in
				complete withdrawal from the labor market.
B. In most instances, a person on probation
				is not unduly restricted. Neither is a person who is free on bond pending
				appearance in court. A person under a peace bond (a bond conditioned on
				performance or non-performance of certain acts) may or may not be available,
				depending upon how much his field of employment is restricted. Broadly speaking
				a person is available for work when his personal conditions and circumstances
				leave him free to accept and undertake some form of work for which he is
				qualified. The fact that employers may hesitate to employ a person with a
				police record is irrelevant, since the person's availability is not dependent
				upon the willingness of employers to hire him.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52285 - Leave or Absence or Vacation (able and Available 285)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant on leave of absence generally
				is unavailable for work. The availability of the claimant depends upon the
				following factors:
1. The reason for the
				leave of absence; and
2. Whether
				the leave of absence binds him from accepting employment during the duration of
				the leave; and
3. Whether he has
				demonstrated that he is actively in the labor market; and
4. Whether there is a financial necessity for
				the claimant being in the labor market.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52295 - Length of Unemployment (able and Available 295)

Current through Register Vol. 30, No. 28, July 12, 2024
A. In determining whether a claimant is
				available for work, consideration must be given to his length of unemployment.
				Although a claimant should be allowed a reasonable period of time in which to
				obtain suitable work at his highest skill, prolonged unwillingness to accept
				other work for which he is qualified may, in effect, render the claimant
				unavailable. Therefore, as the period of the claimant's unemployment lengths,
				he will be expected to lessen the restrictions he imposes as to the type of
				work he is seeking and is willing to accept.
B. Generally, the reasonable period in which
				a claimant shall be allowed to restrict his availability to his highest skill
				without denial of benefits will be the periods specified in
				R6-3-53295.
				These periods are guides for availability purposes. In determining when a
				claimant should be required to widen his search for work, the adjudicator shall
				consider the claimant's personal circumstances and the prevailing labor market
				conditions.
C. A claimant shall be
				deemed unavailable because he restricts his search or willingness to accept
				work to his highest skill;
1. Beyond a
				reasonable period of adjustment; or
2. Whenever the possibility of obtaining work
				at his highest skill is remote and there is a reasonable expectation of his
				securing other suitable work for which he is qualified.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52305 - Military Service (able and Available 305)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person who is subject to call for
				military service is not necessarily unduly restricted from accepting
				employment. This is true even though employers may be unwilling to hire such a
				worker.
1. A claimant may have been officially
				notified that he will be placed on active duty or active duty for training on
				or before a definite date and is limited to acceptance of temporary work. A
				claimant who is so restricted must be willing to accept temporary work without
				additional personal restrictions. Frequently such temporary work will not
				utilize the claimant's highest skill. Also the wage may not be equal to that
				which he earned in permanent employment. However, the claimant's unwillingness
				to accept such work, if it is otherwise suitable, would render him
				unavailable.
2. Active duty and
				active duty for training in the armed forces (other than weekend drills) is
				employment. Thus an individual on such duty is usually in employment within the
				meaning of A.R.S. §
										23-621 of
				the Employment Security Law and if in employment the question of availability
				need not be considered. If, however for a particular week the earnings for such
				duty are less than the claimant's weekly benefit amount, he may be unemployed
				and his availability should then be tested by the same criteria as any other
				claimant who is employed during a partial week.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52320 - Notification of Address (able and Available 320)

Current through Register Vol. 30, No. 28, July 12, 2024
A claimant is obligated to keep the local office through
				  which he is filing informed of his current mailing address so that he may be
				  offered referrals by mail. If he cannot be reached by direct mail, he is not
				  available for work for any week in which he fails to give the local office an
				  address at which he can be reached by direct mail. In no event, however, should
				  a claimant be held unavailable if his change of address is reported on the next
				  regular report day. The above principle also applies to a claimant who is on
				  layoff subject to recall under a contract of employment which specifies that he
				  is to keep the employer informed of the address at which he can be reached for
				  recall.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52370 - Public Service (able and Available 370)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Able and Available 370.05).
				Witnesses, plaintiffs, and defendants are not employed and their availability
				on the days of their attendance at court is questionable. Since an individual
				is compelled by law to comply with a subpoena and since absence from work
				caused by such compliance does not constitute a breach of the employment
				contract, such individual is considered available for work.
B. Jury duty (Able and Available 370.1)
1. An individual shall not be deemed
				unavailable for work on the basis of his being selected as a member of a jury
				panel or as a juror in a specific trial. However, he must make a reasonable
				search for employment during the period he is so engaged.
2. Compensation for jury service shall be
				treated as wages in determining the benefit amount to which a claimant is
				entitled. Such wages shall be reported as earned during the week in which the
				claimant performs service as a juror.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52375 - Receipt of Other Payments (able and Available 375)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Able and Available 375.05).
				Current receipt of group health insurance benefits for a concurrent period of
				recuperation creates a presumption that the claimant is unable to work. This
				presumption can be overcome if the claimant can establish that he is qualified
				and able to do work of a specific kind and his statement is supported by
				corroborating evidence. However, information on local labor market conditions
				available to the local office may create a presumption that the physical
				requirements for all work of the type for which he is qualified are too
				difficult to be met by the claimant. The terms of the group or health insurance
				policy or plan must be investigated in order to ascertain whether the
				claimant's allegations in his claim for benefits are contradictory to the
				statements made to the group or health insurance plan for the purpose of
				securing benefits. If the claimant's contentions or statements are
				contradictory, the truthfulness of the claimant's statements must be weighed in
				the light of all the facts.
B.
				Disability compensation (Able and Available 375.1)
1. Receipt of compensation for disability
				raises a presumption that the claimant is not able to work, but it is not in
				itself conclusive evidence of inability.
2. If the disability prevents work in his
				former occupation and there is no evidence that he is qualified for other work,
				he may be considered unable to work.
Evidence of the claimant's physical capacities must be
				  obtained as a determination cannot be properly made solely on the basis of the
				  receipt of workmen's disability compensation.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52415 - Self-employment or Other Work (able and Available 415)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Able and Available 415.05)
1. The eligibility of self-employed
				individuals will initially be decided on the basis of their availability for
				work rather than on the basis of whether they are "employed" or "unemployed."
				The extent to which a claimant is prevented by the duties of his
				self-employment from accepting full-time suitable work is the criterion for
				establishing his availability.
2.
				The investment which the claimant has made in his enterprise, the existence of
				contractual obligations, the disposability of the business, and the nature and
				extent of the work which the claimant performs in his enterprise are all
				pertinent factors in determining his availability.
3. When the claimant is engaged in stop gap
				self-employment in an occupation other than his customary occupation, and his
				duties are incidental to the enterprise and can be delegated, or when there is
				no lease or contractual obligation, and the investment is small and the assets
				fluid, he may be available for work. However, when the investment in the
				enterprise is large or the income from the enterprise is substantial, a
				statement by the claimant that he is willing to give up the business is open to
				question.
4. If a claimant's
				activities are so limited that he can spend full time away from his enterprise
				during working hours, he is available for work. The fact that a claimant
				previously has worked full time under similar conditions is evidence of his
				availability.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52450 - Time (able and Available 450)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant who although willing to work
				full time, but who restricts himself to specific hours may be unavailable for
				work. The criterion is whether the restriction is such that it results in too
				narrow a market for his services in the locality in which he will work. When a
				claimant is unwilling to accept work requiring certain hours and the work is
				unsuitable for the claimant or he has good cause for its refusal, rejection of
				an offer of such work does not affect his availability.
B. To be considered available for work, a
				claimant must be willing to accept suitable work during hours which afford him
				reasonable possibilities of obtaining work in the locality.
C. When a claimant is unwilling to work
				during the hours prevailing for his kind of work, it is sometimes difficult to
				know whether the claimant is accessible to a substantial amount of work. As in
				other borderline cases, we look to the objective signs of the claimant's
				willingness to work. Factors to be considered are the claimant's work history,
				and whether his restriction to certain hours resulted from domestic
				necessities, or reasons of health, etc. The time restriction, which are within
				the worker's control, more easily show an unwillingness to work.
D. A claimant who excludes employment
				requiring night hours is unavailable only when such hours are customary in his
				occupation or industry and there is not a substantial labor market during other
				hours.
E. A claimant who restricts
				himself to night work because of personal reasons which are not compelling is
				unavailable for work, unless a substantial labor market remains for
				him.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52475 - Union Relations (able and Available 475)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Able and Available 475.05)
1. While union requirements may narrow a
				claimant's field of employment, a restriction to union conditions will not
				generally render a claimant unavailable for work if all of the following
				conditions are met:
a. He is a member in good
				standing of the union whose standard of wages and working conditions he
				demands.
b. The union has
				agreements affecting a substantial percentage of the jobs in the locality where
				he is seeking work.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 52 - ABLE AND AVAILABLE FOR WORK › Section R6-3-52510 - Work, Nature of (able and Available 510)

Current through Register Vol. 30, No. 28, July 12, 2024
Customary (Able and Available 510.1). A claimant who is
				  unable to accept work in his usual occupation is able to work only if he shows
				  that he is reasonably fitted for other work which he is capable of performing
				  on a full-time basis, that such work exists in the community in which he
				  resides, and he is willing to accept such work under the conditions and rate of
				  pay that prevail for similar work in the community.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-5305 - General; Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
A. As
				used in A.R.S. §
									23-776(A),
				"when so directed by the employment office or the department" means that an
				employment office, as defined in A.R.S. §
									23-616, or
				another placement service within the Department, has provided a referral to a
				job opening.
B. Except as provided
				in subsection (C)(2) and
				R6-3-53335,
				the offer of work shall be an offer from a new employer.
C. The Department shall not disqualify a
				claimant for a refusal of work even though the offered work was suitable if
				either condition listed in this subsection exists.
1. The claimant had good cause for the
				refusal. In this subsection, good cause means personal circumstances beyond the
				claimant's reasonable control and includes the following:
a. The claimant had a reasonable prospect of
				other work,
b. The claimant was
				ill, or
c. The claimant lacked
				transportation or child care.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53150 - Distance to Work (refusal of Work 150)

Current through Register Vol. 30, No. 28, July 12, 2024
Commuting distance
1. Offered work which is beyond reasonable
				commuting distance generally would not be suitable work unless the distance is
				customary for the claimant or most workers residing in the same locality as the
				claimant.
2. Offered work which
				would require a claimant to move to a new locality beyond reasonable commuting
				distance generally would not be suitable work. Factors to be considered in
				determining exceptions include:
a. Financial
				detriment to relocation,
b. Family
				restrictions to relocation,
c.
				Duration of claimant's unemployment,
d. Expected duration and wage of offered
				job,
e. Customs of claimant's
				customary occupation, and
f.
				Prospects of work in customary occupation within reasonable commuting
				distance.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53170 - Employment Office or Other Agency Referral (refusal of Work 170)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Refusal
				of Work 170.05)
1. A disqualification should
				not be considered until it is clear that the claimant has had sufficient time
				to consider the offer or referral. While a claimant should need little or no
				time to determine whether he will accept work which does not differ from his
				customary work, he may need substantial time to think over acceptance of other
				types of work.
2. A statement of
				preference for a specific type of work is not necessarily a refusal of other
				work. An attempt by the claimant to get better terms or a more desirable
				referral without a rejection of the offer should not be considered a
				refusal.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53195 - Experience or Training (refusal of Work 195)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Refusal of Work 195.05)
1. To avoid downgrading of the claimant's
				skills, his prior training and experience shall be considered before he is
				disqualified for refusing work beneath his highest skill.
2. If the claimant has been unemployed for a
				long time and prospects for work in his usual occupation are not favorable he
				may reasonably be expected to take other work.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53235 - Health or Physical Condition (refusal of Work 235)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Illness or injury (Refusal of Work
				235.25). Work that would adversely affect an existing physical or mental
				impairment of the claimant is unsuitable. Evidence such as a medical statement,
				if practical, should be obtained.
B. Risk of illness or injury (Refusal of Work
				235.45). Any work involving undue risk to the claimant's health, or work that
				fails to meet the standards of the industry is unsuitable.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53265 - Interview and Acceptance (refusal of Work 265)

Current through Register Vol. 30, No. 28, July 12, 2024
Failure to accept or secure job offered (Refusal of Work
				  265.25). A claimant, after accepting a referral, may indicate by his actions
				  that he did not accept it in good faith. He may, for example, without good
				  cause fail to apply for the job, or his attitude and statements to she employer
				  may imply that he is not applying for the job in good faith. Such indications,
				  however, should be clear and definite before the claimant is considered to have
				  refused an offer or referral. Before a disqualification is assessed under such
				  circumstances, it should be clear that the job is suitable for the
				  claimant.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53295 - Length of Unemployment

Current through Register Vol. 30, No. 28, July 12, 2024
A. In determining whether work is suitable,
				consideration must be given to the length of the claimant's unemployment. A
				claimant should be allowed a reasonable adjustment period in which to find work
				in his customary or primary occupation. The length of the adjustment period is
				flexible and should be determined on the basis of all the circumstances of the
				case. The adjustment period begins with the first week of the claimant's
				unemployment or return to the labor market, whichever is later. While casual or
				odd jobs of less than one week's duration do not interrupt the adjustment
				period, they may serve as an indication of the claimant's prospects of work in
				his primary skill.
B. The following
				are adjustment period limits in which a claimant may refuse without
				disqualification a referral to or offer of work solely because it does not
				utilize his primary skill or a skill of comparable level.
Adjustment Period Skill Level
4 weeks Unskilled
7 weeks Semi-skilled
10 weeks Skilled
C. When there is no substantial labor market
				in the claimant's primary occupation, he will be expected to accept other
				suitable work for which he is qualified regardless of the length of his
				unemployment.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53330 - Offer of Work (refusal of Work 330)

Current through Register Vol. 30, No. 28, July 12, 2024
A. General (Refusal of Work 330.05). Before a
				claimant may be disqualified for refusing an offer of work, it must be
				established that:
1. The job was
				open,
2. The work was
				suitable,
3. The offer was outright
				and unequivocal,
4. The offer was
				genuine,
5. The claimant received
				the offer, and
6. The claimant
				received sufficient information concerning the prospective
				employment.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53335 - Offered Work Previously Left or Refused (refusal of Work 335)

Current through Register Vol. 30, No. 28, July 12, 2024
A. Generally, no
				work shall be deemed suitable if a claimant has previously been disqualified in
				connection with his separation from such employment or has been previously
				disqualified for refusing a job offer for such position. However, if he is
				offered reemployment under substantially different working conditions, or if
				the circumstances which caused him to separate from the job no longer exist,
				the work may be considered suitable.
B. When a worker is offered reemployment in a
				job which he left for compelling personal reasons, or from which he was
				separated for non-disqualifying reasons, the circumstances surrounding his
				separation shall be considered in determining the suitability of the job
				offer.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53365 - Prospect of Other Work (refusal of Work 365)

Current through Register Vol. 30, No. 28, July 12, 2024
A. A claimant who has reasonable prospects of
				employment in the near future may refuse other less suitable work with good
				cause. In general, the more definite the prospect, the more reasonable is the
				decision to wait for the more acceptable job.
B. Prospect of obtaining future work may
				include:
1. A definite offer and acceptance of
				a job to begin at a definite time; or
2. A definite promise of a job although the
				starting date is an estimate by the employer; or
3. An indefinite statement by the employer
				that he may have work for the claimant; or
4. Statement by Job Service personnel;
				or
5. General knowledge that jobs
				will soon be available in a particular industry.
Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 3 - DEPARTMENT OF ECONOMIC SECURITY - UNEMPLOYMENT INSURANCE › Article 53 - REFUSAL OF WORK BENEFIT POLICY › Section R6-3-53380 - Polygraph Examination Requirement

Current through Register Vol. 30, No. 28, July 12, 2024
A claimant may not be denied unemployment insurance benefits
				  for refusing a referral to or an offer of new work if, as a condition of being
				  employed, he must agree to submit to a polygraph examination, either as a
				  pre-employment requirement or at any time during the course of his
				  employment.