Friday, July 19, 2013

Services provided to an educational institution by a student at the institution is not employment for the purposes of eligibility for unemployment insurance benefits

Services provided to an educational institution by a student at the institution is not employment for the purposes of eligibility for unemployment insurance benefits
Galindo (Board of Higher Educ., City Univ. of N.Y.--Commissioner of Labor), 108 AD3d 906

"Services rendered for an educational institution by a person who is enrolled and is in regular attendance as a student in such an institution" does not constitute employment within the meaning of the Labor Law §511(15) for the purposes of an individual’s eligibility for unemployment insurance benefits. Whether a claim for unemployment insurance benefits is within the ambit of this exclusion depends on the facts and circumstances of the employment to determine whether the primary purpose of the work was to earn a living or to further the claimant's education.

A claimant for unemployment insurance benefits challenged the Workers’ Compensation Appeal Board’s determination that she was ineligible to receive unemployment insurance benefits.

The claimant began working as an office assistant for the City University of New York [CCNY] and about a year later began taking classes at a community college affiliated with CUNY. The claimant continued working full time for CUNY, thereby obtaining a tuition fee waiver.

When the claimant earned her degree, her employment with CUNY “was discontinued by agreement” and she filed for unemployment insurance benefits. The claimant’s application was denied as excluded under Labor Law §511(15) and she appealed the Board’s determination.

The Appellate Division sustained the Board’s ruling, explaining that “the record contains substantial evidence supporting the factual finding of the Board that claimant was ‘in regular attendance as a student’ and, therefore, ineligible for benefits pursuant to the statute.”

Accordingly, the Appellate Division declined to “disturb” the Board’s determination.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_05269.htm

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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