Most lecturers, including those on three-year contract, are eligible to receive unemployment insurance during breaks–including summer–in their employment.

As a result of the 1989 Cervisi decision, lecturers who do not have "reasonable assurance" of returning to work can receive unemployment compensation during breaks in employment. Lecturers are eligible for benefits during semester/quarter breaks and summer or during a quarter/semester in which they are not offered employment.

To qualify, lecturers must not be employed elsewhere and must not have "reasonable assurance" of returning to work with an education institution following the period without employment. (Code Section 1253.3).

Virtually all appointment offers to lecturers are contingent upon meeting minimum enrollment, funding levels, or program continuation. Such contingent offers do not constitute "reasonable assurance" of reemployment as defined in the state unemployment code.

Thus, most lecturers are eligible for unemployment benefits.

Don't assume that a statement from your department chair that you will teach in the fall is a firm offer of employment not contingent upon budget and enrollment. The only way that you do NOT qualify for unemployment benefits is if you currently have an appointment letter that states that you will be employed in the fall and which also explicitly states that your appointment is NOT contingent upon budget and enrollment.

Even though lecturers may be re-employed at the end of a summer or after breaks between terms, this has no bearing on unemployment insurance eligibility and cannot be used to deny benefits. When you request these benefits, you are simply asking CSU to acknowledge your lack of job security.

To apply call the EDD at 800-300-5616 or go to their website at

http://www.edd.ca.gov/

1. Apply as soon as you have finished your duties with the University (i.e., turned in your grades). (The ending date of your contract is not legally determinative as to when you are unemployed and therefore when you are eligible for benefits.) Don't delay applying, because eligibility for payments begins the day you apply, regardless of how long you may have already been unemployed. There is also a one-week waiting period for each benefit year. Have your appointment letter in front of you and make sure to enter the following information into your computer record/file or tell the EDD worker on the phone:

a. you do not currently have an appointment letter or contract;
b. your appointment letter is usually sent at the end of the summer;
c. your appointment letter is conditional upon budget and enrollment;
d. your current appointment letter states that after your appointment ends, no further employment is implied (if your appointment letter states this).

If you are asked for a local union number, CFA is number 1983.

Your eligibility is confirmed by EDD Statute 1253.3.(g) and sections 12.4 and 12.5 of the CFA contract. Remember that the pay checks you receive over the summer are compensation for work you did during the your teaching in fall and spring, not for any employment in the summer.

2. Upon receiving your claim, EDD will contact the campus to confirm your employment status and to ask if you have "reasonable assurance" of returning to work. In some cases, department secretaries, department chairs or personnel office representatives assume that lecturers will be rehired, even if an offer was conditional or there is no written appointment as yet, and tell EDD that you will be returning.

HOW TO APPEAL IF BENEFITS ARE DENIED:

If the campus informs EDD that you are returning or still employed, EDD is likely to deny benefits. If this happens, it is very important to file an appeal. If you are denied benefits, you will be notified in writing. The notification will explain your right to appeal and give instructions on how to appeal, including time lines.

It is important that you follow these time lines precisely. An appeal means an informal hearing will be held by an administrative law judge who will quickly render a decision. The process is generally fair and will likely result in your receiving retroactive benefits if you did not have "reasonable assurance" of employment.

To win a favorable decision, you should bring the following information to the appeals hearing:

• A copy of your appointment letter for the present year/semester/quarter

• A copy of the CFA/CSU Collective Bargaining Agreement, with special attention to sections 12.4 and 12.5, Appointment for Temporary Faculty. (It is available from your Chapter office or on the CFA web site under Contract
• Copies of previous appointment letters, which are useful because they demonstrate that they usually go out at a late date and thus aid in establishing the uncertainty of your reappointment

• Any documents or letters from the department chair, other faculty, the campus administration, or the press indicating the uncertainty of funding and/or enrollment levels for the coming semester/quarter;

• Evidence that you have attempted to secure teaching work during this period of unemployment such as letters or records of phone calls to other departments or campuses.

When you testify, make sure to point out to the administrative law judge the relevant conditional provisions in your appointment letter and in the Collective Bargaining Agreement to help demonstrate the uncertainty of your reappointment. Also, point out the uncertainties of funding and enrollment for the department.

EDD STATUTE ON "REASONABLE ASSURANCE:"

1253.3.(g) For purposes of this section, "reasonable assurance" includes but is not limited to, an offer of employment or assignment made by the educational institution, provided that the offer or assignment is not contingent on enrollment, funding, or program changes. An individual who has been notified that he or she will be replaced and does not have an offer of employment or assignment to perform services for an educational institution is not considered to have reasonable assurance.