Can teachers who were laid off collect unemployment?

Discussion in 'Job Seekers' started by Caesar753, Mar 11, 2010.

  1. Caesar753

    Caesar753 Multitudinous

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    Mar 11, 2010

    Anyone know?
     
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  3. tedc2379

    tedc2379 Rookie

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    Mar 11, 2010

    The answer is yes
     
  4. mistah

    mistah Rookie

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    Mar 11, 2010

    Absolutely. Get unemployment asap!! I did and it's been lifesaver for me...don't get me wrong...i'm still subbing an working at a restaurant but unemployment is crucial.
     
  5. MissJill

    MissJill Cohort

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    Mar 11, 2010

    How do you work and still receive unemployment?
     
  6. Peachyness

    Peachyness Virtuoso

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    Mar 11, 2010

    Yup. I'm getting unemployment right now (if you work part time, you still qualify). Just apply. The worst that can happen is that they say no, right.

    Are you worried about next year? Have you heard anything?
     
  7. Peachyness

    Peachyness Virtuoso

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    Mar 11, 2010

    If what you earn is less than what you get from unemployment, then they send you the difference. So, if you can get $450 a week from unemployment, but you get a part time job and you earn, let's say, $200, then you'll get $250 for that week from unemployment.
     
  8. MATgrad

    MATgrad Groupie

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    Mar 11, 2010

    I collected unemployment the entire year that I was job hunting.
     
  9. katrinkakat

    katrinkakat Connoisseur

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    Mar 12, 2010

    Yes, Yes, Yes!!
     
  10. MissSkippyjonJones

    MissSkippyjonJones Comrade

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    Mar 12, 2010

    In CA you can apply on the first day you do not work.
     
  11. TheatreGirl

    TheatreGirl New Member

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    Nov 5, 2010

    Unemployment dilemma! Insights??

    SOOOOOO frustrated. Does anyone have any experience with this?

    Background:
    I received my credential in June of 2008 and began looking for teaching positions right away. Knowing how bad the market was, I held out hope that there would be late openings in the fall, but alas, twas not to be.

    I needed to find work to generate income and to avoid having a gap in my work history, so I started applying for jobs outside of teaching too. I had worked for a local district for years prior to taking time away to get my credential, so I looked there. They weren't hiring substitutes, as I had hoped, but I did land a part-time Instructional Aide III position. I interviewed in December 2008, just before the holidays and began the job in the middle of January 2009. I let my administrators and colleagues know that I would be continuing my search for teaching positions.

    Two months later--in March--I found an opening for a long-term substitute at the high school in my district. I interviewed for the position and was hired on the spot. I took a leave from my aide position and headed over to the high school where I worked from late March through the end of the school year in June.

    On the advice of the human resources staff, I had taken a leave from my part-time aide position (which was already scheduled to be cut from the budget when I left but was subsequently restored...) so, as I had not found another teaching position over the summer, I returned to the part-time position in the fall of '09.

    Once again, two months later--this time at the end of October--a new teaching opportunity turned up. This time they called me! I was offered a temporary contract for the rest of the year. I would be replacing a teacher who took a leave on very short notice in order to pursue a new work opportunity. There was a strong possibility that she would not be returning, so there was a possibility that the job could become permanent. Once again, I took a leave from my part time job. This time, however, I signed a teaching contract, got my membership in the union, had full benefits at a very reasonable rate (much less expensive than what I paid as a part-time aide!), and I began collecting my first REAL teacher salary checks. I was, for the first time, a full-fledged teacher! (This was a very different adventure than being a long term sub!) I began work in November of 2009.

    In April of 2010, my principal hand-delivered a letter to me from the District letting me know that the position was not going to be available for the fall (the teacher would be returning from her leave) and that my contract was to end, as scheduled, on June 24th 2010. I was a bit disappointed.

    The first week of July, I filed to collect unemployment to help see me through the next phase of hunting for a teaching position. I received an award letter granting me benefits, allowing me to breathe a HUGE sigh of relief...

    ...and then I got punched in the stomach. Before I received my first check, I got a letter from EDD telling me I would have to participate in a determination phone interview. I didn't know what the problem was, so I didn't know what to prepare for. I thought maybe they had received my claim form late...Wrong!

    The classified administrator at the district had written a letter to the EDD telling them that I wasn't unemployed, that I had reasonable assurance of returning to work as a part time aide, and that I had just stepped away from the position in order to work as a long-term substitute for the district.

    Here is where it gets really, really frustrating. I was a contracted teacher, not a long-term substitute. And though I took leave from the part time classified position, the teaching position was a totally different job. If I had taken leave from a part-time job with another company, this wouldn't have been an issue. And even so, part-time workers are supposed to be eligible for unemployment anyway! To boot, I had never gotten a reasonable assurance letter--just the letter about being laid off from the teaching position.

    The EDD decided in the district's favor.

    In doing research online, I found the California EDDs "Claims Management Handbook for School Employers". Right there in the pages of that book it says that ***temporary teachers are considered laid off if their contract ends and they are not given reasonable assurance of returning to the SAME or SIMILAR work...and if laid off, they are entitled to UI benefits. Further it says that a reduction in pay of 20% or more, even if returned to work, entitles that worker to UI benefits. Beyond THAT--it gives the example of an employee moving from the position of teacher to teacher's aide as one of the situations that would fit.***

    I kept thinking...am I wrong here? I don't think I am. I am so confused as to how the district and the EDD could have come to this conclusion.

    I am appealing, but I am at the back of a long-line. In the meantime, my world is falling apart. I am a single mom. My take home pay is $500 after deductions, and I can't pay any of my bills, can't take care of my animals--one has cancer in his eye, and I can't do anything for him, my daughter's horse is about to be taken away and sold because I haven't paid board, can't pay my car registration, my landline phone has already been shut off for non-payment, I have now had a garnishment attached to my wages for a credit card bill I have been unable to pay...and I don't even know if I will win in the appeal process or not. And I have not been able to find full-time employment anywhere.

    Any insights from anyone? I wasn't trying to claim unemployment so I could have a leisurely summer. I wanted unemployment to see me through searching for another teaching position. I don't know too many people who would say that dropping from a full time salaried position down to a part time hourly wage position--a 600% cut in income--constitutes reasonable assurance of returning to "such work as had been done in the previous term". I honestly feel like a millstone has been placed on my body and I am just being crushed to death. Why are they doing this to me? I have served this district in a variety of capacities for going on 12 years and have never been so much as written up for anything.
     
  12. CubbieFan

    CubbieFan Rookie

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    Nov 5, 2010

    I am so sorry :(
    I have no advice for you as I am unfamiliar with the unemployment laws in Cali. Hopefully, another position will open up again for you soon. It sucks that UI insurance fails the very people it was meant to protect. Good Luck on your appeal, please update!
     
  13. curtukgrl

    curtukgrl Rookie

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    Nov 23, 2010

    I hear your pain. I was receiving unemployment but benefits ran out and I was denied an extension because I should have had a job by now. Their words.

    To receive my benefits that they first tried to deny in the beginning I had to send them proof of my position. The district here was denying that I was without a job. Send a copy of your letter or bring it in to them. That is all the proof you need.
     
  14. vateacher757

    vateacher757 Cohort

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    Nov 27, 2010

    So if your contract is not renewed, essentually you are laid off, due to low enrollment in the program? Then you can collect unemployment?

    If so would this be effective in August when you would have been due to return to work had staffing not been cut?

    Thanks.
     
  15. bernchild

    bernchild New Member

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    Jun 27, 2011

    UI

    Hi,
    I am so sorry this unfornate problem happened to you. I will keep you and your familiy in my prayers. I hope the appeals process goes in your favor , but you got some bad advice from the HR associates.:( Since you did take a leave of absence from your teaching aide job, to pursue the long term teaching contract, technically you were still employed at the school district. I understand the policy about taking one job in subsitution or a similar position, which makes you available for UI if their is a reduction of 20% of pay or more. I believe that you are still working is what they are basing this claim on. I assume this position is hourly vs. salary and you are working enough hours,but your hours don't classify you for full time benefits. From reading your posting, I understood you were a temporary contracted teacher, not a probaionary/permanent teacher--a teacher who is striving for a tenure track. I think this was verbally implied that you would take this position with the stipulations that the permanent teacher will return if he/she decided. Unfornately, you were a "contracted employee--" to them. If you have this contract, please check it and read the fine print carefully. In addtion, request in writting your "reassurance letter'. Also, school districts are in a financial pinch right now. The Federal Gov't is broke, which the states gets their money from them, and the extension is distributed to the school districts etc. Your dedication is remarkable, but many school districts are taking more of a 'corporate approach'--the bottom line. You filing UI is costing them more money. I know this sounds cold, but these are the hard facts. I hope this helps clarify things, and may God continue to keep you and your family in his loving care.
     
  16. SCTeacher23

    SCTeacher23 Comrade

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    Jun 28, 2011

    I have a question too. This whole year as I was teaching, I was also working part time at night as a waitress in order to pay off my student loans. It was really tough, but I am in a lot of debt and am trying to get out of it as soon as possible.

    Anyway, I got cut too due to budgets, but right now I still work as a waitress. I don't make THAT much - maybe like $200-$250 a week - certainly not enough to pay all my bills but its something. But, my lease is up at my apartment at the end of July. Since I dont have a teaching job, I am going to have to move in with a relative - either my parents in another town in SC or my Grandmother in New Jersey because I can't afford to pay my bills. As a result, I'm going to have to quit my waitressing job. I almost feel like I screwed myself over with collecting unemployment by getting this waitressing job. Even though I got laid off as a teacher, now I'm going to be quitting my waitressing job, and then wouldn't I lose my chance of collecting unemployment benefits because I voluntarily left that job?
     
  17. MzQualified

    MzQualified Comrade

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    Jun 28, 2011

    This is just soooo sad, makes me even MORE depressed...
     
  18. oldstudent

    oldstudent Comrade

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    Jun 28, 2011

    What is even more frustrating is that EDD never checks up on the "laid off" union workers.
    My uneducated friend is an unskilled union laborer making $27/hour. Yet half of his entire career is spent collecting unemployment because unions are overstaffed.
    He even turns down jobs he does not want, and instead collects unemployment.
    The EDD lets him , and hundreds, if not thousands of union workers like him get away with this.
    Whenever he is about to run out of EDD benefits, he gets an extension.
    He has been in this union 16 years, and has collected EDD benefits for eight of these years; no questions asked.
    I wrote our EDD cpliance officer to complain, and of course got no response.
    I guess unskilled laborers are respected more than school employees.
     

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