Section 2865.115 Actively Seeking Work

Section 2865

Section 2865.115  Actively

Seeking Work

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

nditions 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

. 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

al 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

ember 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)).