btq 301 handbook defines a non- monetary issue as: an act or circumstance which, by virtue of state...
TRANSCRIPT
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