Unemployment for Part-time Faculty

[prepared by Deborah Dahl Shanks, DVC

approved by United Faculty]

Part-time faculty are eligible for Unemployment benefits during the summer and during the winter break [if you are not teaching classes]. You may apply by phone or on-line on the Monday following your last day of employment. Regardless of any other notification and regardless of being “assigned” a class or classes for the next semester [including being listed in the schedule of classes], you are still eligible for unemployment. Since all your class assignments are “contingent upon enrollments, staffing, funding and program change,” you do not have “reasonable assurance” of continued employment. This is the legal basis of unemployment benefits. You are covered under the Cervisi Decision dated March, 1989, in Cervisi et. al. vs. CUIAB and Field Directive 89-SSUI.

When filling out information for unemployment or talking with an interviewer, it is important to state that you are a “temporary, contingent, community college instructor,” and you do not have reasonable assurance of reemployment since your assignment is based upon enrollments, staffing and funding. Be sure to mention the Cervisi Decision as the case law that supports your claim.

If you have a problem or are denied your unemployment benefits please contact Jennifer Baker at FACCC [Faculty Association of California Community Colleges] at 1-800-322-2294 or go on-line to FACCC.org and fill out the Part-time Unemployment complaint form. FACCC is working with the Employment Development Department [EDD] to ensure that part-time faculty are not denied benefits due to many of their counselors not understanding the law concerning part-time faculty and our special circumstances. FACCC is currently writing legislation with Assembly member Bermudez that would make it easier for part-time faculty to receive unemployment.

Do not be discouraged. Do not fail to appeal a decision that might deny you your benefits. Be diligent. If you have more questions or need more information please call the United Faculty office at extension 2502 and ask for your part-time representative. Remember unemployment is not welfare or charity; it is your right!