Unemployment Situation

[EnoughAllReady]

What is the name of your state (only U.S. law)? South Carolina
I worked for the local school system from August 2009 until May 2010 when school closed for summer. I worked part-time 2pm until 6pm, 20 hours a week. I filled for unemployment the last of May and was told I could not file a new claim until July (something about a new quarter). Until then, I was told I qualifed for extended benefits. So I complied and continued to send in the paper work, etc. July rolled around and I filed a new claim, which was a little more money. After their review, I was disqualified from receiving benefits according to workforce because, they said I have a reasonable assurance of returning to work. I told them I had not received any letter or notification to report back. Even if I had, the employer laid me off through no fault of my own, and I am available and looking for work as the law prescribes. They told me to continue to file weekly and if I do not return to work/or if I am not called back in August, they will pay me the back benefits.

This cut off my extended benefits and they said I did not qualify for retroactive because of the new claim. SO I AM IN LIMBO WITH NO MONEY AT ALL.

I went to my employer and inquired about this. I was told it is not them, it is the unemployment office. The employment office says it is the employer. I was also told by the employer that the local school system pays teachers unemployment during the summer, but not part-time people like cooks and after school programs, etc.

I worked as a PEP Leader (Teacher). I also qualify as a substitute teacher with the system. I have a masters degree, but I am not a certified teacher.

I fail to understand the logic behind this. If one county pays unemployment to all of their workers when they are laid off. It seems, to me, that all counties should pay unemployment benefits to their workers when they lay them off.

Either the employment office or the employer (and I feel the employment office adjudicators made this decision based on what the employer told them). I cannot believe this is a South Carolina Code of Law (Section 41-35-20).

Regardless, the law also says if you are laid off through no fault of your own, a person is entitled to unemployment benefits. Not wait to go back to work and then decide to pay or not to pay benefits.

Something is quite wrong here! They told me I have a right to appeal this decision.

My question is, why I should be subjected to file an appeal for benefits that I am entitled to. This is clearly wrong. They should pay all of their employees when they lay them off through no fault of the employee.

What is your take on this? Any SC Legal suggestions?

 

[swalsh411]

Unless SC is radically different than every other State, or there is something very different about school systems, (both of which I doubt) the employer does not decide who gets benefits and who doesn't. That is up to the State.

Your story is a little hard to follow and I think you are muddling a few issues together and overall somewhat confused about the whole process.

What is the reason you were giving, in writing, from the unemployment office, why you don't qualify for benefits?

I would absolutely appeal. Your appeal does not need to go into any detail. Simply state "I wish to appeal the decision" and make sure you do that by the deadline.

 

[JeffinVegas]

It is my understanding that in many states, teachers and other school system employees are sasonal workers and know that going into the game. While they are paid for 9 months of work, it is annualized when paid out. When that is done, there would be no unemployment paid out to the worker even though they are not working the summer months.
I also note that you stated you were part-time and a sub teacher so you may not fit into a "qualified "pool that would get you unemployment. A bit like contract workers who may get some jobs on a temp basis but that still does not qualify them from UIB.
In any event, you should appeal- with all of the extensions and the large of amount of people filing, mistakes are made.

 

[EnoughAllReady]

Reply to Swalsh411

WoW...thanks for responding. This really does work. Well, the answer to your question is in my first paragraph....

I was disqualified from receiving benefits according to workforce because, they said I have a reasonable assurance of returning to work.

And....

This was given as a reference .... South Carolina Code of Law (Section 41-35-20).



You stated, "my story is a little hard to follow" What is it you do not undertand?

 

[EnoughAllReady]

Reply to JeffinVegas

Please read my post again.

You stated, "It is my understanding that in many states, teachers and other school system employees are sasonal workers and know that going into the game".

If this statement is true, and I am being told by the local districts in two different counties that teachers ARE being paid unemployment benefits during the summer months. My point exactly, all seasonal workers should be paid.

Also, NO, I was not given that information going into the game. Most employers do not discuss unemployment when you are hired. And, most people do not ask about it. It is my understanding that all government offices pay unemployment benefits.

 

[JeffinVegas]

DId you look at that section of law?
(2) With respect to services performed after December 31, 1977, in any other capacity for an educational institution or institution of higher education, irrespective of whether the institution is a public, private, or nonprofit organization, benefits are not payable on the basis of these services to any individual for any week which commences during a period between two successive academic years or terms if the individual performs these services in the first of those academic years or terms and there is a reasonable assurance that the individual will perform these services in the second of those academic years or terms. However, if compensation is denied to any individual under this subsection and the individual was not offered an opportunity to perform these services for the educational institution or institution of higher education for the second of these academic years or terms, the individual is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this subsection.

It seems pretty clear that until the new school year starts and if at that time you are not offered employment, you would then be entitled to benefits inclduing retro pay. I might be reading it wrong and certainly would defer to others but that is my interpretation.

 

[EnoughAllReady]

Reply to JeffinVegas

Thanks so much for looking up the Section and clarifying the reason for denial. I understand this a little better; however, why pay some and not pay others?

Also, this places a hardship on many people, people who want to work and would rather be working but cannot find employment. People who have to purchase continuous medication on a monthly basis, like me; buy gas, upkeep of their old automobiles, hold onto their life insurance policies and dental insurance, and many other reasons. Another thing I have found is that single people fall through the cracks when it comes to social services assistance.

So, I have to wait 90 days, if my employer calls me back to work, before I can get a small check from my employer for less than $300. pitiful

Something is wrong with these laws, especially when you are laid off through no fault of your own. But then, thaz another Section of the law. There appears to be something wrong here.

 

[pattytx]

Sorry, but there are millions of people out there now who

want to work and would rather be working but cannot find employment. People who have to purchase continuous medication on a monthly basis, like me; buy gas, upkeep of their old automobiles, hold onto their life insurance policies and dental insurance, and many other reasons.

. And have exhausted all UI extensions. It is what it is.

 

[EnoughAllReady]

Reply to pattytx

You are so right. There are a lot of us there. This is the kind of stuff that make good leaders. I see a challenge ahead.

 

[swalsh411]

upkeep of their old automobiles

Some of us consider that to be a source of pride believe it or not! Next month will be my 10 year anniversary of not having a car payment.

 

[EnoughAllReady]

The Law

Nice try. I have a 1988 Buick that I paid for more than ten years ago. I had a SUV that I let go back in 2008 because I could no longer find employment to keep it. But that is another issue.

This law needs to be changed. It is in conflict with other laws, and it separates some from others.

 

[Hot Topic]

Just be glad you're not in California. The unemployment rate is 12%. The state is bankrupt. If you have a problem with your unemployment pay, appeals take months.