Can Unemployed Part Time Teachers Draw Unemployment?

HOW TO DRAW UNEMPLOYMENT COMPENSATION WHEN YOU ARE AN UNEMPLOYED PART-TIME TEACHER.

PROBLEM:

Most states have passed legislation denying unemployment compensation to teachers during so-called “Vacation Times.” This is to prevent teachers from being paid from the school system and the state unemployment system simultaneously. These “Vacation” periods are generally during religious holidays and summer recess.

Full-time college and K-12 teachers are contracted with the school. Such contract is usually from 8 to 12 months in duration. Unless stated otherwise, these contracts are usually continued in succeeding years. Contracts between school systems and teachers frequently have paid non-working periods for holidays and times between teaching sessions.

Whereas this may seem reasonable for full-time teachers, it is NOT reasonable for part-time college and K-12 teachers. They are usually hired to teach occasional classes, quarters or semesters and are paid by the hour. The contract between the school and the part-time teacher almost always definitely states that such teaching duties do not lead to any tenure or assurance of future employment.

This working relationship between employer and employee is similar to the situation common with migrant workers. They are hired to do a specific job, and when the job is finished they are free to seek further employment elsewhere. Migrant workers are also generally paid by the job or by the hour. Migrant workers, however, are eligible to receive unemployment compensation during periods of unemployment.

Approximately 30 % to 80% of the teachers in community colleges, 4-year colleges, and universities are part-time! Most are denied unemployment compensation by their state agencies, are ignorant of their rights, and never even try to qualify for unemployment compensation. This means that hundreds of teachers do not benefit by any unemployment system.

SOLUTION TO THE PROBLEM:

If you are a part-time employee (including teachers) and are laid off, or your job is finished, or you are not rehired, you may qualify for unemployment compensation. If you wish to draw unemployment compensation when you are out of work in your capacity as a part-time teacher, it is important to make the case that your part-time status is completely different from that of a full-time status. The names may be similar, but the contracts are entirely different.

You must, however, follow certain simple steps and rules. It is also best to put all your correspondence in writing. Remember, VERBALS DON’T GO! People frequently don’t remember verbal conversations as you might.

1. APPLY for unemployment compensation. You must ask for it.

2. DO NOT resign from your place of employment. Never put yourself in a position where the unemployment office thinks you QUIT working.

3. OBTAIN a letter from your place of employment stating that you are not scheduled to be hired for the next work period (quarter or semester). This letter will usually be from the Director of Human Resources and can be handed to you or mailed by the Human Resource office to the state unemployment compensation office. Definitely get a letter from your place of work. If they refuse, write a letter to the state unemployment compensation office and so inform them. Send a copy to the Director of Human Resources at your former workplace. The state unemployment office will then take care of the matter for you.

4. SEND a letter to the state unemployment compensation office stating that you would be happy to accept immediate employment, either part or full time, with your previous employer.

5. APPLY for any and all jobs that you are qualified for in your home area. Do this continually. The state unemployment office will be happy to help you do this.

6. BE ready to appeal an adverse ruling by the state unemployment office, and attend a hearing (usually via telephone) if necessary. This puts the decision making into the hands of a third party who will mostly likely give you an unbiased opinion.

7. REMEMBER to always be polite, even if you don’t like the final decision. Your case should prevail if you follow this list, and you have all your “ducks in order.” Follow the law and remember that you are a professional.

CONCLUSION

Best of luck! Two of us part-time teachers at Oregon Coast Community College have successfully succeeded and drawn unemployment compensation.