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1 Unemployment is a joint federal-state program established by the Social Security Act of 1935 that provides temporary financial assistance to workers.

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Presentation on theme: "1 Unemployment is a joint federal-state program established by the Social Security Act of 1935 that provides temporary financial assistance to workers."— Presentation transcript:

1 1 Unemployment is a joint federal-state program established by the Social Security Act of 1935 that provides temporary financial assistance to workers who become unemployed through no fault of their own. Unemployment for Adjuncts in Washington State

2 2 Unemployment is a joint federal-state program established by the Social Security Act of 1935 that provides temporary financial assistance to workers who become unemployed through no fault of their own. In Washington State, unemployment compensation is administered by the Employment Security Department (ESD), which receives 300,000 applications for unemployment annually. Unemployment for Adjuncts in Washington State

3 3 A very small percentage of those applying for Unemployment are part-time faculty. Unemployment for Adjuncts in Washington State

4 4 A very small percentage of those applying for Unemployment are part-time faculty. For that reason, it is safe to assume that most state UI staff are unaware of the peculiarities of part-time faculty employment conditions. Unemployment for Adjuncts in Washington State

5 5 A very small percentage of those applying for Unemployment are part-time faculty. For that reason, it is safe to assume that most state UI staff are unaware of the peculiarities of part-time faculty employment conditions. Contingent claimants must be cognizant of the need to explain that they are unlike tenured faculty and K-12 teachers and do not have reasonable assurance of employment. Unemployment for Adjuncts in Washington State

6 6 In Washington state, unemployed workers are eligible to receive unemployment if they have worked 680 hours in the prior year. Unemployment for Adjuncts in Washington State

7 7 In Washington state, unemployed workers are eligible to receive unemployment if they have worked 680 hours in the prior year. This is a problem for Washington contingents: the 680 hours is based on a conventional 40- hour work week. Unemployment for Adjuncts in Washington State

8 8 In Washington state, unemployed workers are eligible to receive unemployment if they have worked 680 hours in the prior year. This is a problem for Washington contingents: the 680 hours is based on a conventional 40- hour work week. Adjuncts who calculated their hours can easily conclude that they don’t qualify. Unemployment for Adjuncts in Washington State

9 9 In Washington state, unemployed workers are eligible to receive unemployment if they have worked 680 hours in the prior year. This is a problem for Washington contingents: the 680 hours is based on a conventional 40- hour work week. Adjuncts who calculated their hours can easily conclude that they don’t qualify, when, in fact, they do. Unemployment for Adjuncts in Washington State

10 10 It is incumbent on unions to provide guidance. There is a formula for calculation. Self- documentation is permitted. Unemployment for Adjuncts in Washington State

11 11 To calculate hours worked (AFT Washington website (1) Determine the base year: the first four quarters of the last five completed calendar quarters. (2) Determine on a weekly basis: (a) the total number of class hours (b) the total number of non-class hours related to teaching those classes (e.g., grading papers, doing research, setting up files, preparing lectures, attending meetings or workshops, meeting with students and fellow faculty or administrators, and other activities related to your job as adjunct instructor) (3a) Divide the number of hours by the number of full-time class hours that constitutes the full-time load (which is usually 15 per week or ) (3b) Convert that percentage back into hours based on a 35-hour week and on the amount of weeks in each quarter. A 10-hour part- time load will come out to be 23 hours per week. (4) Multiply that out to the number of weeks in a quarter and add all the quarters together to give you your total number of hours. In addition, should your hours not reach the 680 by using the formula above, you can self-document hours. Unemployment for Adjuncts in Washington State

12 12 Because K-12 teachers and full-time, tenured college instructors have “reasonable assurance of employment,” they are not eligible for unemployment during the summer. Unemployment for Adjuncts in Washington State

13 13 Washington’s 34 community and technical colleges are “reimbursable employers.” Unemployment for Adjuncts in Washington State

14 14 Washington’s 34 community and technical colleges are “reimbursable employers.” This means unemployment claims are paid directly by the Washington State Employment Security Department (ESD) and then the colleges reimburse ESD with funds provided by the legislature for that purpose, which are over $1.07 million in each two-year budget cycle. Unemployment for Adjuncts in Washington State

15 15 But unspent unemployment funds can be kept by each college and used as the college sees fit. Unemployment for Adjuncts in Washington State

16 16 But unspent unemployment funds can be kept by each college and used as the college sees fit. This creates an incentive for the college to avoid paying unemployment claims. Unemployment for Adjuncts in Washington State

17 17 Adjunct files UI claim Unemployment for Adjuncts in Washington State

18 18 Adjunct files UI claim ESD reviews claim Unemployment for Adjuncts in Washington State

19 19 Adjunct files UI claim Claim approved by ESD? ESD reviews claim Unemployment for Adjuncts in Washington State

20 20 Adjunct files UI claim No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim Unemployment for Adjuncts in Washington State

21 21 Adjunct files UI claim College/contracted employment agent reviews claim Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim Unemployment for Adjuncts in Washington State

22 22 Adjunct files UI claim College/contracted employment agent reviews claim Adjunct receives UI payment Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim Unemployment for Adjuncts in Washington State

23 23 Adjunct files UI claim College/contracted employment agent reviews claim UI claim challenged ? Adjunct receives UI payment Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim Unemployment for Adjuncts in Washington State

24 24 Adjunct files UI claim College/contracted employment agent reviews claim UI claim challenged ? No Adjunct receives UI payment Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim No change for adjunct Unemployment for Adjuncts in Washington State

25 25 Adjunct files UI claim College/contracted employment agent reviews claim UI claim challenged ? No Yes Hearing with judge (telephone) Adjunct receives UI payment Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim No change for adjunct Unemployment for Adjuncts in Washington State

26 26 Adjunct files UI claim College/contracted employment agent reviews claim UI claim challenged ? No Yes Hearing with judge (telephone) Challenge upheld? Adjunct receives UI payment Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim No change for adjunct Unemployment for Adjuncts in Washington State

27 27 Adjunct files UI claim College/contracted employment agent reviews claim UI claim challenged ? No Yes Hearing with judge (telephone) No Challenge upheld? College reimburses ESD Adjunct receives UI payment Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim No change for adjunct Unemployment for Adjuncts in Washington State

28 28 Adjunct files UI claim College/contracted employment agent reviews claim UI claim challenged ? No Yes Hearing with judge (telephone) No Challenge upheld? College reimburses ESD Adjunct receives UI payment Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim No change for adjunct Unemployment for Adjuncts in Washington State

29 29 Adjunct files UI claim College/contracted employment agent reviews claim UI claim challenged ? No Yes Hearing with judge (telephone) No Challenge upheld? College reimburses ESD Adjunct receives UI payment Yes College retains funds Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim No change for adjunct Unemployment for Adjuncts in Washington State

30 30 Adjunct files UI claim College/contracted employment agent reviews claim UI claim challenged ? No Yes Hearing with judge (telephone) No Challenge upheld? College reimburses ESD Adjunct receives UI payment Yes College retains funds Adjunct pays back received funds Yes No Claim approved by ESD? No payment to adjunct (but can appeal ruling). ESD reviews claim No change for adjunct Unemployment for Adjuncts in Washington State

31 31 Washington State Community and Technical Colleges attempt to minimize their unemployment obligations: 1.Not publicizing that adjunct faculty are entitled to unemployment between quarters (when not employed). Unemployment for Adjuncts in Washington State

32 32 Washington State Community and Technical Colleges attempt to minimize their unemployment obligations: 1.Not publicizing that adjunct faculty are entitled to unemployment between quarters (when not employed). 2.Implying that adjunct faculty have “reasonable assurance of employment” when, in fact, they do not. Unemployment for Adjuncts in Washington State

33 33 Unemployment for Adjuncts in Washington State Olympic College “Multiple Quarter Contract”

34 34 Unemployment for Adjuncts in Washington State “… offers you a reasonable assurance of employment” Olympic College “Multiple Quarter Contract”

35 35 Unemployment for Adjuncts in Washington State “… offers you a reasonable assurance of employment” But in practice, one could could lose classes and could still file for and receive unemployment. Olympic College “Multiple Quarter Contract”

36 36 Unemployment for Adjuncts in Washington State “… offers you a reasonable assurance of employment” But in practice, one could could lose classes and could still file for and receive unemployment. The claim of reasonable assurance of employment was false! Olympic College “Multiple Quarter Contract”

37 37 Unemployment for Adjuncts in Washington State Pierce College’s Notification of Reasonable Assurance

38 38 Unemployment for Adjuncts in Washington State Notification of Reasonable Assurance Pierce College’s Notification of Reasonable Assurance

39 39 Unemployment for Adjuncts in Washington State Notification of Reasonable Assurance But with this admission that classes are not guaranteed, this document certainly does not confer reasonable assurance of employment. Pierce College’s Notification of Reasonable Assurance

40 40 Unemployment for Adjuncts in Washington State Olympic College current quarterly “contract”

41 41 Unemployment for Adjuncts in Washington State “… is offered in good faith as reasonable assurance of employment” Olympic College current quarterly “contract”

42 42 Unemployment for Adjuncts in Washington State Olympic College current short-term “contract”

43 43 Unemployment for Adjuncts in Washington State $75 for a faculty retreat. Olympic College current short-term “contract”

44 44 Unemployment for Adjuncts in Washington State Even that is offered in good faith as reasonable assurance of employment Olympic College current short-term “contract” $75 for a faculty retreat.

45 45 Unemployment for Adjuncts in Washington State Olympic College historical quarterly “contract” from 1992

46 46 Unemployment for Adjuncts in Washington State No mention of reasonable assurance. Olympic College historical quarterly “contract” from 1992

47 47 Unemployment for Adjuncts in Washington State No mention of reasonable assurance. Emphasis on contingent nature of job: “… class(es) may be cancelled and the contract terminated at the discretion of the administration for such reasons as … insufficient enrollment, unavailability of facilities and/or lack of funding. Further, the class(es) may be assigned to a full-time staff member…” Olympic College historical quarterly “contract” from 1992

48 48 Washington State Community and Technical Colleges attempt to minimize their unemployment obligations: 1.Not publicizing that adjunct faculty are entitled to unemployment between quarters (when not employed). 2.Implying that adjunct faculty have “reasonable assurance of employment” when, in fact, they do not. 3.Contracting with professional employment services that process (“challenge”) adjunct unemployment claims. Unemployment for Adjuncts in Washington State

49 49 Unemployment for Adjuncts in Washington State Part of a response to Washington State Employment Security by TALX of Arvada, Colorado for Olympic College of Bremerton, Washington

50 50 Unemployment for Adjuncts in Washington State Note: Arvada, Colorado, not Bremerton, Washington Part of a response to Washington State Employment Security by TALX of Arvada, Colorado for Olympic College of Bremerton, Washington

51 51 Unemployment for Adjuncts in Washington State Manage all unemployment claims filed against the Employer Annual service fee of only $2, Agreement between Olympic College and Employers Unity LLC

52 52 How can employment services manage to provide their services so inexpensively? Unemployment for Adjuncts in Washington State

53 53 How can employment services manage to provide their services so inexpensively? Perhaps they cut corners in their analysis. Unemployment for Adjuncts in Washington State

54 54 Unemployment for Adjuncts in Washington State Part of a response to Washington State Employment Security by TALX of Arvada, Colorado for Olympic College of Bremerton, Washington

55 55 Unemployment for Adjuncts in Washington State Reasonable Assurance Stamp Part of a response to Washington State Employment Security by TALX of Arvada, Colorado for Olympic College of Bremerton, Washington

56 56 Unemployment for Adjuncts in Washington State Reasonable Assurance Stamp (claiming that unemployed adjunct is simply on a “scheduled break” ) Part of a response to Washington State Employment Security by TALX of Arvada, Colorado for Olympic College of Bremerton, Washington

57 57 Washington State Community and Technical Colleges attempt to minimize their unemployment obligations: 4.Attempting to “prove” the adjunct is assured of future employment by showing that the adjunct’s name appears on a list of faculty, such as a campus directory, or correspondence with full-time faculty discussing future classes. Unemployment for Adjuncts in Washington State

58 58 In a December 2, 2005, town meeting with faculty, one college president was asked why his college contracted with an out of state employment outfit that offers "unemployment cost management" services by challenging adjunct faculty who file unemployment claims between quarters. The president’s response was along the lines of “We have nothing against our adjuncts. The firm helps uphold the law and prevent fraud.” Unemployment for Adjuncts in Washington State

59 59 In filling out a State of Washington – Employment Security Department form, “Unemployment Services TALX” of Arvada, Colorado, provided the following information about an Olympic College adjunct instructor who filed for unemployment based on a reduced workload: Unemployment for Adjuncts in Washington State

60 60 TALX listed the quarterly total for the course as the pay rate of $2,585.75, but claimed this amount was MONTHLY, significantly inflating the claimant’s income. Unemployment for Adjuncts in Washington State

61 61 Access to Unemployment Insurance Benefits for Contingent Faculty $5.00 Access to Unemployment Insurance Benefits for Contingent Faculty: A manual for applicants and a strategy to gain full rights to benefits. By Joe Berry, Beverly Stewart, and Helena Worthen. Downloadable as a free pdf file at Publication funded by the National Education Association, the American Federation of Teachers, and the American Association of University Professors Unemployment for Adjuncts in Washington State

62 62 “Probably the biggest obstacle in the way of contingent faculty receiving unemployment insurance is the vast majority never file, because of ignorance, fear, and an unwillingness to invest the time for a limited payoff. Almost without a doubt the largest single factor is that contingents are not aware that they are, and should be judged, eligible for unemployment benefits because they are truly unemployed, without income, and without reasonable assurance of reemployment virtually every time they walk out the door after having given their last exam, and turn in the end-of-term grades.” (page 18) [emphasis added] Unemployment for Adjuncts in Washington State

63 63 From: Unemployment for Adjuncts in Washington State

64 64 Unemployment for Adjuncts in Washington State


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