RE: PTs on Unemployment Insurance
I can give your very sound advice because I just had the same thing happen to
me. So let me walk you (and anyone else) through the process.
After my last final I called the 800 number for the EDD office
(800/300-5616)and after selecting the several menu options I was interviewed
by a real live person. Since filing for unemployment is a twice yearly
procedure for me I had all the information ready which they require: my
social security number, the name, address and telephone number of my last
employer.
About three days later in Saturday's mail I received from EDD a form saying
that my request for unemployment compensation had been denied, quoting
section 1253.3 saying I had reasonable assurance of employment. They also
sent me under separate cover an appeal form that supplied a space for me to
appeal EDD's decision.
I completed the space on the appeal form and attached the following letter. I
mailed this Sunday afternoon and in Thursday's mail I received another form
letter from EDD which stated: "Regarding Notice of Determination dated
6/1/00: The Code Section 1253.3 disqualification was reversed to eligible."
Two days later my first EDD check arrived.
This is to say the appeals process is easy; you need the correct information.
I have helped many, many part-timers over the course of eleven years and not
one has been denied benefits. You have a limited time to appeal so don't
delay. Use the following letter, but especially the last paragraph (which I
will put in capital letters just for emphasis in this e-mail) which was
written by a labor attorney here in the Bay Area.
Just as a note in passing: it is your district's payroll department or Human
Resource Department that tells EDD that you have "reasonable assurance" of
teaching next semester.
My letter is as follows; check to see where your letter of appeal is to be
sent as it might be different from mine:
Employment Development Department
San Francisco Adjudication
P. O. Box 7013
San Francisco CA 94120-7013
RE: Social Security No. 123-456-7890
To Whom It May Concern:
Part-time, temporary faculty of California's community colleges are entitled
to unemployment compensation for periods between semesters, including summer
breaks. This principle was established in unemployment Insurance Code 1253.3
and Cervisi v. California Unemployment Insurance Appeals Board (1989) 208 Cal.App.3ed 635. Under the Cervisi statue, an assignment that is contingent on enrollment, funding, or program changes is not a "reasonable assurance" of
employment (1253.3, subd.(g).)
Cervisi covers all part-time faculty: instructors, nurses, librarians,
counselors, and other academic employees. Faculty are entitled to benefits
even if their employer requires them to sign a form stating that they have a
"reasonable assurance" of re-employment. These adhesion agreements, known as
"yellow dog contracts," are null and void. The only measure of reasonable
assurance is whether the assignment is contingent upon enrollment, funding,
bumping, or districts needs -- saying there is a reasonable assurance does
NOT make it so.
Employment Development Department personnel should look at its office manual
which includes Field Directive 89-55UI which explains the definition of
"reasonable assurance" and how Cervisi is to be applied.
I HEREBY APPEAL FROM THE DECISION DENYING ME BENEFITS. THE BASIS OF MY APPEAL
IS THAT THE DECISION AND ITS RATIONALE MISSTATES AND MISAPPLIES THE FACTS,
AND MISSTATES AND MISAPPLIES THE LAW. I BELIEVE I AM ENTITLED TO BENEFITS
BECAUSE I AM A PART-TIME, TEMPORARY COMMUNITY COLLEGE FACULTY MEMBER. AT THE
CONCLUSION OF ANY GIVEN ACADEMIC TERM I HAVE NO REASSURANCE OF CONTINUED
EMPLOYMENT BECAUSE ANY FUTURE ASSIGNMENTS ARE CONTINGENT UPON ENROLLMENT,
FUNDING, BEING BUMPED BY A FULL-TIME OR PERMANENT OR PROBATIONARY EMPLOYEE,
OR BECAUSE I CAN BE TERMINATED DUE TO LACK OF FUNDS OR BECAUSE OF PROGRAM
CHANGES. AS SUCH, I HAVE NO LEGAL REASSURANCE OF RE-EMPLOYMENT IN ACCORDANCE
WITH THE DECISION CERVISI V. UNEMPLOYMENT INSURANCE APPEALS BOARD, 208 Cal.App.3d 635; 256 Cal.Rptr. 142 (1989).
Yours truly,
Your name
Address
On the form that they sent me for appeal the space was inadequate but I wrote
small and filled in the space with the paragraph above. I attached the above
letter and sent it in. I am happily depositing my check today.
Let me know how your ordeal turns out.
Margaret Quan | 
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