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Old 08-28-2011, 08:37 AM
 
2 posts, read 15,935 times
Reputation: 11

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I am an experienced teacher who was laid off at June 2010. I began collecting unemployment in Aug.2010 with no problem. I was unable to find work of any kind and began substitute teaching for the 2010-11 school year. My benefits expired and I applied to extend them but was denied because, as a sub, I have "reasonable assurance" of employment for the school year that has just started. As the school year has just started there are no jobs for a sub yet and I have not found any other employment.
I am completely out of money.
Am I missing something or just SOL?
Any advice would be helpful.
Thank you.
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Old 08-28-2011, 08:40 AM
 
18,836 posts, read 37,350,704 times
Reputation: 26469
Call back UI, talk to a supervisor. I don't know all the rules on extensions now. You may have totally exhausted what is available. But, if not, at least call...the problem with unemployment is that laws change so quickly, that it is difficult to stay on top of everything, so when you call, and get information from a claims taker, they don't always know the current and correct information. It is your money, so if in doubt, call, and take the time to speak with a supervisor, it may take a few days.
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Old 08-28-2011, 02:04 PM
 
Location: Wisconsin
25,576 posts, read 56,460,696 times
Reputation: 23378
Quote:
Originally Posted by sglitter View Post
My benefits expired and I applied to extend them but was denied because, as a sub, I have "reasonable assurance" of employment for the school year that has just started. As the school year has just started there are no jobs for a sub yet and I have not found any other employment.
No you are not SOL.

Reapply. The school year has begun. You are not working. You are again eligible for benefits.

Most educational employees are NOT able to collect unemployment during the summer months 'because they have reasonable assurance' of employment in fall. Once fall begins with no job, they are again eligible.

We have several threads on C-D discussing this at length.
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Old 08-28-2011, 06:04 PM
 
2 posts, read 15,935 times
Reputation: 11
Thanks for some hope!

Last edited by sglitter; 08-28-2011 at 06:20 PM..
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Old 02-19-2012, 11:31 AM
 
Location: Vinings, GA
28 posts, read 43,183 times
Reputation: 16
Default Unemployed teacher required to pay back unemployment benefits

I'm in somewhat of a similar situation. I am an experienced teacher and was laid off in 2010 from a private school in Columbus. I filed unemployment and received compensation. I substitute taught as needed by districts. In December 2010, I found a long term substitute position in Cincinnati. I figured this would be a good way to 'get into' a district.

When this position ended in Feb 2011, I continued to sub in that district and other districts in the Cincinnati area (I was staying with a friend). During this time, I was filing unemployment because A) the unemployment agency told me to B) I wasn't getting enough sub jobs to cover my expenses.

I received a letter in the summer 2011 from the school district where I did the long term sub job asking if I wanted to remain on their sub list. They stated in the letter that I had reasonable assurance to work(as an as-needed sub). I didn't sign it because the only reason I took that job that was (45 min away from my friend's house-26mi one way) was because I was hoping it would be my 'in'. That school district paid $3 less/day than a school district 10 min away from us and I was getting many more calls from the closer district. I know it said reasonable assurance, but I figured (wrongly!) that since there was no guarantee of a contract, hours, work...that it wasn't a big deal.

I decided to stay down in Cinci and sell my house in Columbus because I was finding more work down here than in Cbus. I applied to sub for several districts in our area that paid significantly more than the 1st school in Cincinnati.

Fast forward to fall 2011, unemployment claimed that I QUIT working at that school district because I chose not to remain on their sub list. I felt like I was doing the right thing by declining to be on their list and subbing for other districts in my area that pay a lot more. Since they claim that I quit working, they are saying I need to repay $3500 in overpayment.

November/December 2011- I appealed it and then had a phone hearing. I thought about getting a lawyer, but frankly, I couldn't afford it. I felt like if I told the truth, they would see that this is ridiculous. WRONG again.

I called the unemployment agency mid-December 2011 and talked to someone about setting up some kind of payment plan. (I do have a part time job and am soooo underemployed making 5x less than I was making at the private school in Columbus). Even if I were to set up a payment plan to pay it back, they said they are still turning it over to the federal government for collection as of Jan 1. So, why would anyone try to be proactive if they are just going to take it anyway?

I understand that the place where I did my long term sub job doesn't want to pay the unemployment comp. I don't think they should pay it either. It should go back to the original place that laid me off.

The whole situation has been extremely overwhelming/stressful/emotional.

How can you quit working for a place where you really don't have any guarantee that they will ever need you/call you?

Financially speaking, I would have been better off either A)just signing the form and never pick up one of their jobs B)just sitting at home on my butt collecting unemployment. I felt like I was trying to do the right thing by working in a career where I am experienced and would have the possibility of getting a job.

I have contacted Ohio Department of Education (ODE) and they didn't have any suggestions to fight it. I am in the process of drafting a letter to the governor, representatives, senators and The President.

I did end up getting my part time teacher's assistant job through one of my sub jobs in October 2011. It is going to be full time in April, but still grossly underemployed.

Has anyone had a similar experience? Did you get the decision reversed? From what I've read on CD, this is happening across the country with regards to substitute teaching.
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Old 02-19-2012, 02:35 PM
 
Location: Wisconsin
25,576 posts, read 56,460,696 times
Reputation: 23378
In some states the "quit" would be justified because you found other employment for more money. You need to keep appealing this. Since you found other employment for more money, the "quit" shouldn't hold water. Do some research on OH case law on this.

Don't take the first denial as gospel. Keep appealing until you can't. Persistence often wins the game.
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Old 02-19-2012, 10:33 PM
 
14,500 posts, read 31,064,506 times
Reputation: 2562
Another argument is that you didn't quit. There was no work for you when you were given "reasonable assurance" so you moved along and got better work else where. Make your first argument be that it was a refusal of work that was impractical because of the better work you were already getting.

Refusals of work are so much easier to fight. Only after, do you try to go the quit with good cause route.
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