Most part-time faculty are eligible to receive unemployment compensation benefits during breaks in their employment a result of the 1989 Cervisi decision.
Examples are: winter and summer breaks or a semester during which they are not offered employment, if they are not employed elsewhere and if they do not have “reasonable assurance of returning to work with an education institution following the period without employment. (Code Section 1253.3) Since most community college load sheets or appointment letters specify that employment is contingent upon enrollment and not guaranteed, no “reasonable assurance” of re-employment can be guaranteed.
Virtually all appointment offers to part-time faculty are contingent upon meeting minimum enrollment, funding levels, or program continuation. Such contingent offers do not constitute “reasonable assurance” or reemployment as defined in the state unemployment code. Thus, most part-time faculty are eligible for unemployment. The fact that some individuals have a history of being reemployed at the end of a summer or holiday recess between terms is irrelevant in this regard.
Applying for unemployment benefits is your legal right!
When you, as a part-time instructor, request these benefits, you are simply asking your employer to acknowledge your lack of job security.
How to Apply for Unemployment Benefits:
- On your first day of unemployment, or as soon as possible thereafter, call or go to an Employment Development Department (EDD) office. You do not have to wait for your paychecks to stop to file your application. Don’t delay, because eligibility for payments begins with the first day of application, regardless of how long you may have been unemployed prior to applying. There is also a one-week period for each benefit year. You will be given forms to determine if your are eligible (actually unemployed, paid qualifying wages during the required base period, etc.).
- Bring with you a copy of your current appointment letter or load sheet, which specifies the beginning and ending date of employment. Also, it is wise to bring a copy of the class schedule and/or official campus calendar showing when the semester ended.
- Upon receiving your claim, EDD will contact the college to confirm your employment status and to ask if you have “reasonable assurance” of returning to work. In some cases, Human Resources Directors or other staff assume that part-time instructors will be rehired, even if an offer was conditional or there is no written appointment as yet, and tell EDD that you will be returning.
- If the campus informs EDD that a person is returning or still employed, then EDD is likely to deny benefits. If this happens, it’s very important that you file an appeal.
- EDD will provide you with forms that you must complete to demonstrate that you are actively seeking work appropriate to your skills and training.
How to Appeal if Benefits are Denied:
If your are denied unemployment benefits, you have the right to appeal; first to an administrative law judge, then to the Unemployment Insurance Appeals Board and finally through the State Courts. The appeals process is not difficult, and we encourage part-time faculty to pursue their claims. Most cases can be won at the first stage of appeal.
If you are denied benefits, you will be notified in writing. The notification will explain your right to appeal and give instructions on how to appeal, including the timelines. It is important that you follow these timelines precisely.
To aid in gaining a favorable decision, CCA recommends that you bring the following information to be introduced into record at the hearing:
- A copy of your appointment letter or load sheet for the present semester;
- Copies of offers of prior employment, which are useful because they demonstrate that appointment letters or load sheets usually go out at a late date and aid in establishing the uncertainty of your reappointment;
- Any documents or letters you might get from the department chair, other faculty, or the campus administration indicating the uncertainty of funding and/or enrollment levels for the coming semester; and
- Evidence that you have attempted to secure teaching work during this period of employment such as letters or records of phone calls to other departments or colleges.
If you are denied unemployment benefits and you need more information than what is provided here, before filing your appeal consult with a local association officer or CCA Staff Consultant for advice.
