TN 13 (07-90)

A. POLICY

1. General

Obtain the best evidence possible and decide each case on its merits.

2. Disagreements and Corroboration

1. Where 2 items of evidence do not entirely agree, several items taken together may permit a determination.

2. Sometimes a partial corroboration may be enough to establish the alleged wages.

B. PROCEDURE - DETERMINATION INFORMATION

Record:

• why primary evidence could not be obtained;

• efforts made to obtain corroborating secondary evidence, where such evidence could not be obtained;

• the nature of the employment and the fact it was covered, after resolving any coverage or wage questions;

• allegations as to the dates of the employment involved;

• allegations as to whether the employment was continuous or irregular, and, if irregular, periods when no work was performed;

• allegations as to the amounts or approximate amounts of wages for each year of employment (or each quarter, where pertinent);

• allegations regarding the continuity of pay rates, i.e., were there different pay rates throughout the period of employment;

• any information from any source as to why the wages/tips were not reported; and

• the credibility of the evidence, i.e., is it believable?

NOTE:Also document as instructed in RS 01403.055 - RS 01403.060.

C. PROCEDURE - QUESTIONNABLE EVIDENCE

Draw inferences with respect to the degree of reliability, if evidence is not clear and complete and/or too obviously self-serving. Explain also why better evidence could not be obtained, if the evidence does not seem authentic, and any conflict in the evidence or between the evidence and the allegation.