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Unemployment Facts - Your Rights!

Victor Valley Community College Part-Time Faculty United
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Thanks to AFT, You Can Get Unemployment Benefits At the End of This Semester

The following information comes from the Ventura County Federation of College Teachers, AFT, Local 1828, AFL-CIO, Part-Time Caucus, April 2002 edition of its newsletter AFT Part-Time Faculty News.

"UNEMPLOYMENT BENEFITS FOR PART-TIME FACULTY: The Right to Unemployment Benefits

"Here's one hard earned right part-time faculty can exercise two or three times a year, and yet few of us do: The right to draw unemployment pay between semesters and during the summer break (if we ever take a summer break!) is one of the few advantages to being employed as part-time, temporary instructors with no guarantee of "rehire."  For even if we have signed a contract to teach the following semester, including summer school, we can still collect unemployment during those breaks, since fluctuating enrollment and funding can break that contract at any time and leave us jobless.

"In 1989, an American Federation of Teachers (AFT) Local in San Francisco won an important victory in the California Court of Appeal.  In its precedent setting decision, the Court affirmed the union's view that part-time faculty do not have "reasonable assurance" of reassignment rights in the next school term and therefore should not be ineligible for unemployment benefits during periods of lay-off.  Since the decision, now known officially as the Cervisi Decision, part-time faculty around the state who have no job security, whose assignments are contingent on adequate funding, enrollment, and program changes, should be eligible for benefits. Part-time faculty who are unemployed after the end of any semester or summer session can therefore apply for and receive benefits provided they are otherwise eligible for benefits.  Unemployment benefits are not a "hand-out" but a right to compensation for the very real lack of job security with the district.  Take advantage of this hard won right!  Apply for unemployment during your breaks!

"How Do You Apply For Unemployment Benefits?

"On the first day of unemployment,call the Employment Development Department (EDD) Office, 1-800-300-5616.  This number changes periodically, so you may have to look it up. Don't delay, as payments only go back to the first day of application.  There is, however, a one-week unpaid waiting period for each benefit year, which begins with the date of filing for benefits and ends one calendar year later.  Currently, the maximum payment per week is $330; most part-time faculty who apply usually receive this amount.

"During your phone interview, be sure to emphasize that your future employment is dependent upon 1) enrollment, 2) funding, and 3) program changes, and 4) that the Cervisi Decision of 1989 set a judicial precedent for community college faculty to receive unemployment benefits.

"After your phone interview is completed and checked, you will also be mailed a claim booklet containing cards for recording your search for work.  You may also be asked to demonstrate to EDD that you are actively seeking work appropriate for your skills and training.  The cards should record where you look for exactly the kind of work you have been doing (for example, call the private schools to find out if they have a vacancy for an art instructor if that is what your position was with the district last semester).  You are not expected to look for a job outside your regular line of work until after a few months have elapsed and you still have not found the work you are trained for and qualified to do.

"How To Appeal If Your Request For Benefits Is Denied

"Despite the favorable appellate court decision, EDD has been slow to get the message.  Some part-timers are still being found ineligible for benefits on the basis that they have "reasonable assurance" of assignment for the upcoming semester.  However, given the appellate court decision, we know that denials can be, and have been, reversed upon appeal.

"If your application is denied, you should file an appeal after you have received the denial in writing.  Ordinary stationery is acceptable.  Include your social security number on all correspondence.  The following is an example of am appeal:

" 'I wish to appeal the determination to deny benefits based on the Cervisi Decision (Cervisi v. Unemployment Insurance Appeals Board––208 Cal. App. 3d 635: Cal. Rptr. 142 Feb. 1989) and the following grounds: I am a temporary hourly employee laid off because of lack of work.  When I am employed, I am paid on an hourly basis.  Any assignment I receive is contingent on funding, enrollment, and program changes.  Consequently, as a temporary employee without an actual or implied contract, I do not have reasonable assurance of continued employment and am eligible for unemployment benefits.'

"IMPORTANT!  To be eligible for benefits if your appeal is won, you must continue to submit cards from the EDD for each two week period that you are unemployed.

"If you have questions about unemployment benefits or the appeal process, or if you would like a hard copy of the Cervisi Decision, contact [VVC Part-Time Faculty United by email or call 1-800-662-1911].  Also, you may find out more about unemployment benefits on the EDD web page at edd.cahwnet.gov/eddhome.htm."

End of newsletter article.

Read the story of the Cervisi Decision on The Part-Timer Post.

The following article comes from the Volume 4, Number 2, Spring 2002 edition of the CPFA NEWS (Santa Monica: California Part-Time FAculty Association, 2002) and contains additional helpful perspectives and suggestions related to this issue:

"Applying for Unemployment Compensation between terms

"Unlike K-12 teachers, who are ineligible for unemployment compensation over summer break if they have teaching contracts for the following academic year (what the state defines as "reasonable assurance of employment"), part-time/temporary community college instructors are eligible for these benefits if they are available for work and have not been offered summer (or interim break) teaching assignments.

"The California Court of Appeals ruled in 1989 in Cervisi vs, California Unemployment Insurance Appeals Board that the promise of a teaching assignment in the fall is NOT "reasonable assurnace of employment" if your assignment is subject to cancellation for lack of enrollment, "bumping" by a full-time instructor, or any other reason.  This ruling, pertaining specifically to part-time/ temporary faculty in the California Community Colleges, is explained to unemployment compensation caseworkers in the EDD Field Directive 89-55UI.  If you apply for unemployment compensation and the caseworker seems unfamiliar with this rule, you will need to explain the rule and refer to the field directive.  Many instructors who have gone through this process recommend that if a caseworker still seems argumentative or unconvinced after you explain the rule, it is best to terminate the call and start the application process over by calling again.

"You may not be eligible for unemployment compensation if you have income from employment elsewhere during the priod in question.  The cutoff for eligibility is currently around $300 per week, but you should check with EDD on the specifics.

"Recently there have been disputes with EDD over what constitutes the last day of work for community college instructors.  Instructors paid on an hourly basis, for in-class hours only, generally assert that the date of the last final exam is the last day of work.  If you are paid on some other basis, consult with your union local's legal expert."

If anyone has questions, please contact VVC Part-Time Faculty United.