23-621

23-621. Unemployed

A. An individual shall be deemed "unemployed" with respect to any week during which
the individual performs no services and with respect to which no wages are payable to the
individual, or with respect to any week of less than full-time work without any fault on
the individual's part if the wages payable to the individual with respect to the week are
less than the individual's weekly benefit amount.

B. An individual shall not be deemed "unemployed" with respect to any week of less
than full-time work if the loss of full-time work is directly attributable to the fault
of the individual.

C. An individual shall not be deemed "unemployed" if the individual is receiving
wages in lieu of notice, dismissal pay or severance pay. The period of time for which
wages in lieu of notice, dismissal pay or severance pay are allocable shall be determined
by either of the following:

1. If there was a written contract between the employer and the claimant in effect
at the time of separation, allocate to the appropriate period in accordance with the
contract, continuing for the number of work days that the pay would cover at the regular
wage rate.

2. If no written contract was in effect at the time of separation, allocate to the
appropriate period following the last day of performance of services, continuing for the
number of work days that the pay would cover at the regular wage rate.