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August 16, 2010

Claiming unemployment insurance benefits during the school's summer recess

Claiming unemployment insurance benefits during the school's summer recess
Huff v Sweeney, 222 A.D.2d 919

Teacher’s aides who are provided with a reasonable assurance of reemployment following a summer recess are ineligible for unemployment insurance benefits during the recess period.

Dennis Huff, challenged a denial of such benefits by the Unemployment Insurance Appeals Board. Huff, a teacher’s aide employed by the Buffalo City School District, was told that his employment would temporarily come to an end at the end of the school year and that his employment would resume in September.

Huff applied for unemployment insurance but his application was rejected on the grounds that “he had been given reasonable assurance that he would be rehired on the same terms in the fall.” The Appellate Division affirmed the Unemployment Insurance Appeals Board’s decision disqualifying Huff for benefits.

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New York Public Personnel Law. Email: publications@nycap.rr.com