Summary of Issue: Work Without Remuneration

Decision A-0126.98 Full Text of Decision A-0126.98

Disentitlement and penalty imposed for failing to declare that he had been working as an independent sales representative. Claimant did not declare his occupation or earnings because the company was having financial problems. Umpire found that, on the basis of the evidence, it was obvious that the claimant was self-employed and whether or not he was remunerated did not change the fact that he had to declare his occupation and earnings on his cards. FCA upheld the Umpire's decision.

Decision 41506 Full Text of Decision 41506

Claimant was president and minority shareholder of a seasonal business. He believed in good faith that since he was not receiving any earnings, there had been an interruption of earnings. He repeated this error for four years. Penalties imposed for having made four representations that the claimant knew were false or misleading. Umpire cancelled the penalties because, in his view, on the issue of whether the claimant was ignorant of the law, his mental condition was clearly inadequate to knowingly make a false statement.

Decision A-0168.97 Full Text of Decision A-0168.97

Not drawing any income from his business, claimant under the belief that he did not have to declare on his report cards that he was working. Without any specific findings of facts, the BOR dismissed the claimant's appeal and the Umpire refused to interfere. Decisions such as that of the BOR are not to be read "microscopically" ruled the FCA. While it is true that the BOR did not explicitly condemn the applicant's evidence as not worthy of belief, its refusal to accept his explanations is more than apparent from the unanimous finding of the BOR.

Decision 39929 Full Text of Decision 39929

Claimant made 22 false statements by answering "no" to the question "did you work". He argues that no consideration was given to his state of mind when he answered this question; he did not consider himself employed when he was not receiving remuneration. Umpire found that it is not necessary to receive remuneration in order to be working.

Decision 25451 Full Text of Decision 25451

Refer to: A-0600.94

Decision A-0600.94 Full Text of Decision A-0600.94

That it is possible for honest confusion to arise as to the meaning of the word "work" can be seen from CUB_6661A to the effect that voluntary work and work in the garden are not considered to be "work" for our purposes. The Board implied that there is a legal obligation upon claimants to educate themselves as to the meaning of the word "work". In doing so, the Board appeared to utilize an objective standard in deciding knowledge. This was erroneous. There is no such legal obligation.

Decision 26125 Full Text of Decision 26125

It seems that large numbers of claimants understand the question: "Did you work?" to mean with pay or other remuneration. This question should be modified to include the notion "with or without pay", or "whether as a volunteer or not", or some such.