BTQ 301 Handbook defines a non-monetary issue as:

An act or circumstance which, by virtue of state law, is potentially disqualifying

Must obtain facts to determine if an issue exits

Issue does not mean a denial of benefits

Identify an issue as it relates to UI law More than one issue is possible with a

set of facts

Fact Finding is the use of an impartial expert (or group) selected by the parties, by the agency, or by an individual with the authority to appoint a fact finder, in order to determine what the “facts” are.

Evidence:› A piece of information relating to an event

which has happened or to a condition which exists or existed in the past

Fact:› Something determined by weight of

evidence to be an accurate description of what happened

General› Broad; includes multiple possibilities

Specific› Precise; can have only one meaning

Who

When

Where

Why

What

How

Employee

Last Month

At the store

Didn’t call early enough

Everyone does it

By reprimand

Joe Smith

June 12

In view of customers

Didn’t call before 8 AM

Rule 12 of company handbook

Written warning issued May 30

Question: General Answer: Specific Answer:

Back ground› Nice to know; not critical to the issue

Primary / Material› Need to know; relevant and critical to the

issue

Prepare for the interview Develop a line of questioning Use appropriate language Control the interview Use good timing Ask specific questions Use tact / respect

Leading & suggestive questions Ambiguous questions ‘Yes’ or ‘No’ questions Reverse questions Jumping to conclusions Moralizing Concluding statements

Recognize Issues Determine credibility

› Look for clues Analyze degrees not absolutes

› Be analytical Organize information Investigate alternatives

Irregularities in statements Inconsistent circumstances Contradictions Missing time frames Vague responses

Purpose of repetition When to restate When to paraphrase New issue raised? Summarizing

Explain intentions Use non-accusatory language

› “I” vs. “You” Rephrase when necessary

"Justice cannot be for one side alone, but must be for both." ~ Eleanor Roosevelt

Answer all “need to know” questions Stop when you’ve satisfied the law Does the customer feel heard and

understood? Was another issue raised?

The presentation of facts or arguments to overcome a factually established presumption for a finding of eligibility or ineligibility

Necessary if the information obtained from other sources differs substantially

Good initial fact finding reduces the need

Uncontested statements Contested statements Written documents Absence of documentation Adjudicators presumptions

Admissions against interest Direct knowledge Interest Hearsay Inherent improbability Consistency Circumstantial evidence Other considerations

Reasonable Probable Verified Direct knowledge Consistent

Unreasonable Improbable Unverified Hearsay Contradicted

If you have all the facts, the decision should be easy