 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