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Thursday, July 24, 2014

An educator is eligible for unemployment insurance benefits during the summer recess unless given a reasonable assurance of continued employment in the next semester


An educator is eligible for unemployment insurance benefits during the summer recess unless given a reasonable assurance of continued employment in the next semester
Matter of Erie Community Coll. [Commissioner of Labor], 2014 NY Slip Op 04995, Appellate Division, Third Department

An adjunct professor [Professor] employed by Erie County Community College taught two courses during the Spring semester. In April Professor received an offer to teach two courses in the following Fall semester at the same rate of pay. Professor accepted the offer and then applied for unemployment insurance benefits for the summer recess period.

Notwithstanding §590.10 of the Labor Law, which, in pertinent part, provides that a professional employed by an educational institution is ineligible for unemployment insurance benefits for any period between two successive academic years when he or she has received a reasonable assurance of continued employment, the Unemployment Insurance Appeal Board determined that Professor was eligible to receive unemployment insurance benefits during the recess period.*

The Board explained that it a reasonable assurance of continued employment by the College was lacking as the College’s offer of employment for the fall semester given to Professor indicated a current full-time professors could, at any time up to the first day of classes, displace Professor and teach the courses assigned to him themselves.

The Appellate Division sustained the Board’s determination, explaining that the question of whether a claimant received a reasonable assurance of reemployment for the following academic year is a question of fact and, if the Board's findings in that regard are supported by substantial evidence, it will not be disturbed.

The Appellate Division concluded that the Board's decision was supported by substantial evidence and declined to disturb it.

*§590.11 of the Labor Law applies with respect to the non-professional staff of an educational institution.

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/

A Reasonable Penalty Under The Circumstances 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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