By Lantz Simpson                         

      The answer is yes, if: you should file for unemployment on June 18, 2003, if you have not received an unconditional employment contract for Fall 2003 by June 18, 2003; if you aren't not working the summer session; and if you do not have other employment that is more than twenty hours per week and pays more than $370 per week.

      If you meet the above conditions, you should be eligible to receive unemployment insurance.

      What if an hourly faculty person finally receives an unconditional employment contract between June 18 and August 25? You should still be eligible for unemployment insurance from June 18 until the day your receive an unconditional contract.

      What if an hourly faculty person receives a conditional employment contract either before or after June 18?  You should file for unemployment because you should be eligible, if you also meet the other stated conditions.

      What if hourly faculty don’t need the money because of a spouse’s income?  And besides, it’s a hassle to go to the unemployment office.  Should hourly faculty still file? Yes.  The District should be held accountable for laying you off.  The District must pay into the unemployment insurance fund for you, anyway.  If it didn't, this money would be freed up to go towards your salaries or benefits.  It is your money either way. 

 

 

HOW TO APPLY FOR UNEMPLOYMENT BENEFITS:

      Go to an Employment Development Department office.  You will be given a form asking you to show that you have sought work in your field.  You must seek work as best you can in your own field.  You are not expected to look for work outside your own teaching area until several months have elapsed.  Mention the Cervisi case and Field Directive 89-55UI.

 

WHAT IF YOUR BENEFITS ARE DENIED?

      The district may argue that you have “reasonable assurance” of a job. 

This is no longer adequate given that your work is contingent upon funding and enrollment.  Refer your unemployment office worker to the California Appellate Reports.  On the other side of this leaflet, a portion of the first page of the decision has been photocopied to make it easier for your worker to look up the decision.

 

WHAT IF THEY STILL DENY THE CLAIM?

      Use any piece of paper and write your appeal.  Include your social security number and be sure to appeal by the stated deadline.  Be sure you continue filling out all claim forms and cards until your appeal is approved.

Should You File

for Unemployment?