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I work for a university in California which has not offered me work in the fall but has given me a definite offer of work come January. I'm worried that I will not be able to collect unemployment insurance. The California EDD site says...
Quote:
A temporary layoff, due to a lack of work, for a reasonably definite period of time does not sever the employment relationship
...but I am going to be in a world of hurt without any income from September through December. Is it really the case that it's impossible to collect unemployment insurance so long as they offer you work in the future? Does it depend on how far in the future the offer is? I have friends who are adjunct teachers and successfully receive unemployment during layoff periods, but their offer of future work is tentative, while mine is definite.
Have they given you an actual contract for January? If not, just 'saying so' could be construed as an end run around paying unemployment benefits to those laid off.
Until they offer and you accept the contract in Jan you are laid off. Is there a law that states you have to ACCEPT the employment in Jan ?
What if you cant accept that employment
If I were you I would google the case law regarding situations like these. A 4 month layoff is not a 'reasonable' amount of time to me. A month or 6 week layoff is something reasonable . I dont think they set up the statute to include a full 1/3rd of the year as a layoff period.
It's the "university" thing that complicates the situation. Carol7Lynn has experience with this, and hopefully has the right answer as to how to proceed.
Have they given you an actual contract for January? If not, just 'saying so' could be construed as an end run around paying unemployment benefits to those laid off.
Until they offer and you accept the contract in Jan you are laid off. Is there a law that states you have to ACCEPT the employment in Jan ?
What if you cant accept that employment
If I were you I would google the case law regarding situations like these. A 4 month layoff is not a 'reasonable' amount of time to me. A month or 6 week layoff is something reasonable . I dont think they set up the statute to include a full 1/3rd of the year as a layoff period.
Yeah, the "problem" (of one kind but not another) is that I do have a contract. But four months seems like an awfully long time to be considered a reasonable layoff period.
I haven't found any guidelines so far but will keep looking. It was googling that led me to this forum in the first place.
Did you apply? There is no penalty, and it starts the clock ticking. You'll have plenty of time to continue your research before having to answer any questions with EDD where you can phrase things in the most favorable light to getting an approval.
The information I have found so far is a source (not California) that indicates a 'temporary' layoff which still considers you an employee cannot last longer than 13 weeks in any continual 20 week period.
Yours is 16 weeks in consecutive so you are laid off and would be eligible for benefits until you go back to work but must look for work in the mean time.
The caveat is that you are a teacher and have already agreed to go back to work perhaps there is a special section for teachers . Let me do more research.
Hopefully this can answer your question. I think 16 weeks is too long to be considered a temporary layoff. It is a seasonal layoff to me.
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