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CCC PT Faculty Unemployment Benefits
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CCC PT Faculty Unemployment Benefits

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This presentation will help part-time faculty in the California Community College system learn about applying or re-applying for EDD unemployment benefits.

This presentation will help part-time faculty in the California Community College system learn about applying or re-applying for EDD unemployment benefits.

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CCC PT Faculty Unemployment Benefits Presentation Transcript

  • 1. Unemployment Benefits PT Faculty Survival Guide
  • 2. Basis of Unemployment
    • PT Community College Instructors do not have “ reasonable assurance ” of being employed in the succeeding semester due to the contingent nature of their employment.
    • Superior Court ruled that employment that is contingent on enrollment, funding or program changes lacks “ reasonable assurance. ”
  • 3. Cervisi Decision
    • March, 1989 Superior Court Ruling
    • Cervisi et al vs. CUIAB and Field Directive 89-SSUI
    • Unemployment entitlement covers Fall and Spring semester breaks and summers. It does not cover any holidays or mid-semester breaks (such as Spring Break).
  • 4. Qualifications
    • Either No employment during the break or have employment which pays less than $310 a week. [Breaks in K-12 do not count.]
    • You may also qualify for being “ under-employed ” during the semester if you load and pay has significantly gone down.
    • You are not expected to look for employment outside of your line of work.
  • 5. Filing a Claim
    • Apply once semester ends.
    • First time application (renewable each year) Requires a one-week waiting period for which you will not receive benefits.
    • Approx. 10 days for processing claim.
    • EDD will mail you materials, including a Notice of Unemployment Insurance Award
    • EDD may require a phone interview.
  • 6. Re-opening a Claim
    • If you previously applied and received benefits within a one year period, then when you apply you are “ reopening an existing claim. ”
    • Re-opening does not require a one week waiting period.
    • If your first claim is in December, then when you apply in May, that will be a re-open and an extension of your December claim (benefit amount does not change)
  • 7. Applications
    • Telephone: 1-800-300-5616
    • Online: www.edd.ca/gov/uifc.htm eApply4UI
    • Fax: 1-866-215-9159
    • Mail: EDD PO Box 419000 Sacramento, CA 95841-9000
    • EDD requires that you register or list your resume on a CalJobs search site.
  • 8. Application Issues
    • Application Issues apply to both online, fax, by mail and phone interview.
    • Refer to your EDD Claim Filing Application Form.
    • Keep these answers handy.
    • Most important message: “ I am a part-time, contingent, Community College Instructor, with no contract and no reasonable assurance. ”
  • 9. Union membership
    • Question # 22.
    • “ Are you a member of a union? ”
    • Answer: NO.
    • Your union is a bargaining association, not a union as pertains the EDD.
  • 10. Last Date Worked
    • Question #27.
    • “ Last date worked. ”
    • Legally it is the last day of the semester, or the last day on which you give finals during finals week.
    • 27a. Gross wages for last week of work:
    • # hours based on load X hourly rate
    • Counselors/Librarians: actual hours X rate
  • 11. Reason No Longer Working
    • Question #28 .
    • Provide a brief explanation:
    • “ Laid off due to lack of work. ”
    • PT Community College Instructor end of assignment, have no reasonable assurance to return to work.
  • 12. Returning to Work
    • Question #29 . Do you expect to return to work?
    • NO! [You do not have a contract]
    • Question #30. Do you have a date to start work?
    • NO! [Without contract no guarantee to return]
    • Question #31 . Are you an employee of a school…..?
    • NO! [You are temporary employee employed per semester as contingent labor]
  • 13. Other Questions
    • Give last employer (if more than one district)
    • How long did you work for employer?
    • Give in total rounded years
    • Type of business? Community College
    • Kind of work? Teaching
    • Usual occupation? Teacher
    • Is your usual occupation seasonal? NO.
  • 14. Requirements for you
    • Are you available for immediate FULL-TIME work in your usual occupation?
    • YES! [Even if you aren ’ t interested in FT work, you must state you are looking for FT work. You are not required to look for PT work.]
    • Be sure register on CalJobs as “ job seeker. ”
  • 15. Phone Interview
    • Other than applying by phone; you may be sent a letter requiring a “ phone interview. ”
    • Purpose: typically it is to clear up something on the application that might be considered a disqualifying factor.
    • Don ’ t get too verbal and just answer the question simply and to the point. Reiterate: PT faculty member with no reasonable assurance due to Cervisi Decision, no contract and assignments contingent.
  • 16. Denials
    • ALWAYS APPEAL A DENIAL!
    • First level is sending a letter of appeal addressing the EDD ’ s reason for denial.
    • Typically it could be:
    • 1. They think or have been told by district that you have “ reasonable assurance. ” You don ’ t! 2. Reviewer of application has red-flagged one of your statements for clarification.
    • 3. Turning in forms “ late. ” (Over 10 working days after due date).
  • 17. Denials Resolved
    • Typically a letter explaining your temporary, contingent nature as a PT Community College Instructor is all it takes.
    • The district has on occasion misreported Social Security numbers stating that you are not an employee. Contact Linda Rosales or Adrienne Walker and district and they will fix that.
    • If an appeal is denied you can appeal again.
  • 18. Final Appeal
    • The Final step of solving an appeal is appealing a denial based upon a second phone interview.
    • This is appealed to a court hearing before a judge in Oakland.
    • This is very informal, but you may need to bring a pay stub to prove employment, PT classification or explain a particular reason that you were denied and why he should reverse it.
  • 19. FACCC will appeal for you
    • If you feel like EDD staff is not listening to you, you can ask FACCC (Faculty Association of California Community Colleges) to intercede for you.
    • Go online to www.faccc.org and fill out the Part-time Unemployment Complaint Form. You can also send an email to the Faculty Advocate: Andrea Harvey at [email_address]
  • 20. Benefits
    • Weekly benefits available to a maximum of $410 per week depending on your earning history. EDD includes all teaching work history from multiple districts. The rate established at the time your initial claim is filed will be applicable for one year and cannot change.
    • You may be qualified to continue limited benefits while working as “ under-employed. ”
  • 21. Benefits Taxable
    • Benefits are subject to Federal (not state) income tax.
    • You may voluntarily request that EDD withhold 10% of your weekly benefits for federal taxation of UI benefits.
    • You will receive a 1099G form at the end of the year for tax return purposes.
    • Be prepared to claim UI benefits as income on your tax return.
  • 22. Final Thoughts
    • Unemployment is NOT Welfare. The district pays into unemployment benefits for you and you are entitled to them.
    • Don ’ t get discouraged, even if you must appeal, you will receive your benefits (even if late) if eligible.
    • Be diligent in applying on time and returning your forms in a timely manner.
    • If in doubt, send in a form.
  • 23. Documents
    • For up-to-date information regarding Unemployment Benefits and documents: 1. Cervisi Decision
    • 2. EDD Field Office Directive 3. EDD Webpage 4. Sample letter of appeal language
    • See the following site at Santa Rosa JC:
    • www.santarosa.edu/afa/Unemployment.html
  • 24. The End CCCCD United Faculty Part-time Faculty Committee