ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

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.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com