California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253(c)-1 - Availability for Work -General Principles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section sets forth the
						  principles the department shall apply to determine if a claimant is available
						  for work as required by Section
						  1253(c) of the
						  Code. A variety of conditions and circumstances affects a claimant's
						  availability, including restrictions that are imposed by the claimant, such as
						  the wages and other working conditions the claimant will accept, and legal
						  restrictions, such as licensing requirements and the claimant's ability to
						  establish his or her employment eligibility under Section
						  274 A of the Immigration and
						  Nationality Act, 8 USC
						  1324a. If a claimant has good cause for a
						  restriction, the claimant will not be ineligible under Section
						  1253(c) so long
						  as a substantial field of employment remains open to him or her.
(b) General Rule. A claimant is available for
						  work during the week for which he or she claims benefits if the claimant is
						  ready, willing, and able to accept suitable employment or has good cause for
						  any restriction on his or her readiness, willingness, or ability to accept such
						  employment and; notwithstanding such a restriction, a substantial field of
						  employment remains open to the claimant in his or her labor market. A claimant
						  is not available for work if he or she is unable to establish his or her
						  employment eligibility upon hire in accordance with the requirements of Section
						  274 A(b) of the Immigration and
						  Nationality Act, 8 USC
						  1324a(b).
(c) Definitions. As used in the general rule,
						  the following terms have the meanings assigned:
(1) "Suitable work" means work in the
						  claimant's usual occupation or work for which the claimant is reasonably
						  fitted. Whether the work is work for which the claimant is reasonably fitted
						  depends upon such factors as the claimant's age, health, prior training, and
						  experience. "Suitable work" does not include work under the conditions
						  specified in Sections
						  1258.5 or
						  1259 of the Code.
(2) "Labor market" means that potential
						  demand for the claimant's services in the locality where he or she offers them.
						  A labor market may expand or contract with such factors as the season, weather,
						  economic conditions, and consumer demands.
(3) "Substantial field of employment" means
						  the presence of potential job openings with more than a minimal number of
						  employers who would use the services offered by the claimant. It does not mean
						  that vacancies exist or that there is a likelihood of employment. It means only
						  that the type of services the claimant offers are generally performed in the
						  area in which he or she offers them.
(4) "Good cause" means a compelling reason,
						  one which would influence a prudent person in the same circumstances as the
						  claimant, and who is genuinely desirous of working, to impose the restriction.
						  A finding of good cause depends on a determination that the claimant had no
						  reasonable alternative for discharging the obligation that led the claimant to
						  place the restriction on his or her availability. Reasons of ambition,
						  prestige, taste, or similar motives, though they may be commendable in certain
						  instances, will usually not be considered to constitute good
						  cause.