Question about filing for unemployment

[TangoJuliet]

My wife is a elementary school teacher and the year ends at the end of this month (June 30). The school that she teaches at does not have an option where she can get paid over the course of the year as opposed to the school year. So from June 30 - September 5 or so she will not be getting any money.

Over the past couple summers she has worked for a company called Sylvan where she tutors students. This year the director of Sylvan said that she wont be able to give her that many hours (4hrs per week) for the summer because there arent that many students. She is having a difficult time finding a job for the summer.

For those of you that are teachers do you file for unemployment for the 2 months over the summer? Is that even possible?

Thanks

 

[dullard]

This guy says you can do it. But I wouldn't. She was paid extra for the 9 months to cover the summer period. That is just circumventing the situation looking for loopholes to take advantage of. Do it to the wrong person/school and they'll turn your loopholes right back on you. She'll have to claim that she is a temporary worker with no work - and maybe the school will say yes, she isn't any longer employed (say goodbye to that cushy job).

 

[TangoJuliet]

Originally posted by: dullard
This guy says you can do it. But I wouldn't. She was paid extra for the 9 months to cover the summer period. That is just circumventing the situation looking for loopholes to take advantage of. Do it to the wrong person/school and they'll turn your loopholes right back on you. She'll have to claim that she is a temporary worker with no work - and maybe the school will say yes, she isn't any longer employed (say goodbye to that cushy job).

She actually works for a private school but was just offered a "leave replacement" job with a public school starting in October. So technically after June 30 she wont have a job anywhere until her contract starts with the public school in October. Does that work?

 

[dullard]

Originally posted by: alkohoLiK
She actually works for a private school but was just offered a "leave replacement" job with a public school starting in October. So technically after June 30 she wont have a job anywhere until her contract starts with the public school in October. Does that work?

I don't know what exact unemployment insurance rules are in your situation. But since she lost her job, I guess that probably counts.

 

[mugs]

Originally posted by: dullard

Originally posted by: alkohoLiK
She actually works for a private school but was just offered a "leave replacement" job with a public school starting in October. So technically after June 30 she wont have a job anywhere until her contract starts with the public school in October. Does that work?

I don't know what exact unemployment insurance rules are in your situation. But since she lost her job, I guess that probably counts.

Unless she quit her old job, then it wouldn't.

 

[dartworth]

It doesn't matter what we think, the unemployment office will make the determination...

If she is eligible, go for it...

 

[TangoJuliet]

sorry for the late replies....been busy at work

yeah, if she is offered the public school job she would quit her current job....so I guess it wouldnt apply. should we try it and see what the unemployment office says?

 

[waggy]

i would think that is agains the law. she is not out of work or even laid off. she chose a payment method that paid her 9 months not a full year. Also the fact that she is willing to do something un-ethical is frightning. not a teacher i want teaching my kids.

 

[dartworth]

Originally posted by: waggy
i would think that is agains the law. she is not out of work or even laid off. she chose a payment method that paid her 9 months not a full year. Also the fact that she is willing to do something un-ethical is frightning. not a teacher i want teaching my kids.

Judging by your spelling and grammar, you could have used a better teacher yourself...

 

[waggy]

Originally posted by: dartworth

Originally posted by: waggy
i would think that is agains the law. she is not out of work or even laid off. she chose a payment method that paid her 9 months not a full year. Also the fact that she is willing to do something un-ethical is frightning. not a teacher i want teaching my kids.

Judging by your spelling and grammar, you could have used a better teacher yourself...

yeah at least they had ethics. i may not have been the best students but they helped show me how to be a adult.

 

[montanafan]

No, it's not possible. Only way she could collect unemployment is if there was a RIF. If you can't get the paycheck spread out over 12 months, you just have to budget for the time when you're not receiving one.

 

[dartworth]

Originally posted by: waggy

Originally posted by: dartworth

Originally posted by: waggy
i would think that is agains the law. she is not out of work or even laid off. she chose a payment method that paid her 9 months not a full year. Also the fact that she is willing to do something un-ethical is frightning. not a teacher i want teaching my kids.

Judging by your spelling and grammar, you could have used a better teacher yourself...

yeah at least they had ethics. i may not have been the best students but they helped show me how to be a adult.

It just seems to me you are jumping the gun here and calling the OP's wife unethical...WTF?

It is nearly impossible to commit unemployment fraud.

I still recommend to the OP that your wife should try and open a claim. The worst they can do is deny it.

 

[waggy]

Originally posted by: dartworth

Originally posted by: waggy

Originally posted by: dartworth

Originally posted by: waggy
i would think that is agains the law. she is not out of work or even laid off. she chose a payment method that paid her 9 months not a full year. Also the fact that she is willing to do something un-ethical is frightning. not a teacher i want teaching my kids.

Judging by your spelling and grammar, you could have used a better teacher yourself...

yeah at least they had ethics. i may not have been the best students but they helped show me how to be a adult.

It just seems to me you are jumping the gun here and calling the OP's wife unethical...WTF?

It is nearly impossible to commit unemployment fraud.

I still recommend to the OP that your wife should try and open a claim. The worst they can do is deny it.

why? easy because thats not the idea of unemployment.

she chose a job where she knows she is only going to work 9 months. So they do not give a offer to get padi 12 months. then you need to budget better.

she has not "lost" her job. she just can't find a part time job to earn extra money.

 

[TangoJuliet]

Originally posted by: waggy

Originally posted by: dartworth

Originally posted by: waggy

Originally posted by: dartworth

Originally posted by: waggy
i would think that is agains the law. she is not out of work or even laid off. she chose a payment method that paid her 9 months not a full year. Also the fact that she is willing to do something un-ethical is frightning. not a teacher i want teaching my kids.

Judging by your spelling and grammar, you could have used a better teacher yourself...

yeah at least they had ethics. i may not have been the best students but they helped show me how to be a adult.

It just seems to me you are jumping the gun here and calling the OP's wife unethical...WTF?

It is nearly impossible to commit unemployment fraud.

I still recommend to the OP that your wife should try and open a claim. The worst they can do is deny it.

why? easy because thats not the idea of unemployment.

she chose a job where she knows she is only going to work 9 months. So they do not give a offer to get padi 12 months. then you need to budget better.

she has not "lost" her job. she just can't find a part time job to earn extra money.

hey man what is your deal?? first off my wife didnt come up with this idea nor does she know I was inquiring about it. Also NOBODY has filed for anything so neither of us are "unethical". I was simply posting the question to find out IF she was eligible for unemployment.

also if you actually read the whole post and possed some sort of comprehension you would realize that she was NOT given the option of getting paid for 12 months as opposed to 9. Come June 30 she will not be employeed by anyone. The school year is defined as September - June whether she is paid over the course of 9,12,24,36 months really shouldnt matter.

and please dont tell me how I should budget my money - you dont know me or my situation...but thanks for the quality replies

 

[waggy]

Originally posted by: alkohoLiK

Originally posted by: waggy

Originally posted by: dartworth

Originally posted by: waggy

Originally posted by: dartworth

Originally posted by: waggy
i would think that is agains the law. she is not out of work or even laid off. she chose a payment method that paid her 9 months not a full year. Also the fact that she is willing to do something un-ethical is frightning. not a teacher i want teaching my kids.

Judging by your spelling and grammar, you could have used a better teacher yourself...

yeah at least they had ethics. i may not have been the best students but they helped show me how to be a adult.

It just seems to me you are jumping the gun here and calling the OP's wife unethical...WTF?

It is nearly impossible to commit unemployment fraud.

I still recommend to the OP that your wife should try and open a claim. The worst they can do is deny it.

why? easy because thats not the idea of unemployment.

she chose a job where she knows she is only going to work 9 months. So they do not give a offer to get padi 12 months. then you need to budget better.

she has not "lost" her job. she just can't find a part time job to earn extra money.

hey man what is your deal?? first off my wife didnt come up with this idea nor does she know I was inquiring about it. Also NOBODY has filed for anything so neither of us are "unethical". I was simply posting the question to find out IF she was eligible for unemployment.

also if you actually read the whole post and possed some sort of comprehension you would realize that she was NOT given the option of getting paid for 12 months as opposed to 9. Come June 30 she will not be employeed by anyone. The school year is defined as September - June whether she is paid over the course of 9,12,24,36 months really shouldnt matter.

and please dont tell me how I should budget my money - you dont know me or my situation...but thanks for the quality replies

ok so the wife is not the un-ethical one you are sorry about that.

she chose a job that pays 9 months a year. she still has a job come the fall. she is not out of a job so unemployment is NOT for her. to even think try is unethical.

 

[Beattie]

It depends on the state I think... my wife is a teacher and said that as long as you have a contract for a position, they wont consider you unemployed.

 

[waggy]

Originally posted by: Beattie
It depends on the state I think... my wife is a teacher and said that as long as you have a contract for a position, they wont consider you unemployed.

yeah.


does she have a job in the fall? if yes then no way in heck can she even think about it.

if no then she is unemployed.

 

[mugs]

Originally posted by: alkohoLiK
hey man what is your deal?? first off my wife didnt come up with this idea nor does she know I was inquiring about it. Also NOBODY has filed for anything so neither of us are "unethical". I was simply posting the question to find out IF she was eligible for unemployment.

also if you actually read the whole post and possed some sort of comprehension you would realize that she was NOT given the option of getting paid for 12 months as opposed to 9. Come June 30 she will not be employeed by anyone. The school year is defined as September - June whether she is paid over the course of 9,12,24,36 months really shouldnt matter.

and please dont tell me how I should budget my money - you dont know me or my situation...but thanks for the quality replies

Wait - what? Did she get fired or does she have the option of working at this private school against next year? If the private school renews her contract for next year, then she IS employed. She may not be working, but she's still employed - that's just the nature of a teaching job. And if you're employed, you're not eligible for unemployment.

 

[BoomerD]

Well, I'm surprised, but according to the NY dept. of Labor site:
http://www.labor.state.ny.us/ui/ui_index.shtm
she's not eligible.

"Q: What if I work for a school system?

A: Employees of educational institutions are not eligible for benefits based on such employment when a claim is filed between academic years or terms and during customary vacation or holiday recesses if they have a contract or reasonable assurance of employment in the period immediately following the vacation period or holiday recess.

If you are denied benefits or your benefits are reduced between academic years or terms and later were not offered an opportunity to perform services for the educational institution, and you continued to certify for benefits, you may be eligible for retroactive payments of benefits. This is providing you did not work in an instructional, research or principal administrative capacity.

If you have sufficient earnings with employers other than educational institutions, you may be entitled to establish a claim based on the other employment."

Personally, I think it sux...but, it appears that's the law.

 

[TangoJuliet]

Originally posted by: BoomerD
Well, I'm surprised, but according to the NY dept. of Labor site:
http://www.labor.state.ny.us/ui/ui_index.shtm
she's not eligible.

"Q: What if I work for a school system?

A: Employees of educational institutions are not eligible for benefits based on such employment when a claim is filed between academic years or terms and during customary vacation or holiday recesses if they have a contract or reasonable assurance of employment in the period immediately following the vacation period or holiday recess.

If you are denied benefits or your benefits are reduced between academic years or terms and later were not offered an opportunity to perform services for the educational institution, and you continued to certify for benefits, you may be eligible for retroactive payments of benefits. This is providing you did not work in an instructional, research or principal administrative capacity.

If you have sufficient earnings with employers other than educational institutions, you may be entitled to establish a claim based on the other employment."

Personally, I think it sux...but, it appears that's the law.

Hey Boomer - thanks! That was exactly what I was looking for.
Waggy will you stop with the ethical/unethical crap. I was simply asking a question to see if she was eligible or not. That is why we ask questions!!!

Mugs - she didnt get fired from her current job. She interviewed for a new job but that doesnt start until October. Her current "contract" with the school ends in June so she wont have a job again until October with the new school that she interviewed for (wasnt offered the position yet). Also she wasnt offered a new contract with her current school yet - I assume they will at a later date though.

 

[waggy]

Originally posted by: alkohoLiK

Originally posted by: BoomerD
Well, I'm surprised, but according to the NY dept. of Labor site:
http://www.labor.state.ny.us/ui/ui_index.shtm
she's not eligible.

"Q: What if I work for a school system?

A: Employees of educational institutions are not eligible for benefits based on such employment when a claim is filed between academic years or terms and during customary vacation or holiday recesses if they have a contract or reasonable assurance of employment in the period immediately following the vacation period or holiday recess.

If you are denied benefits or your benefits are reduced between academic years or terms and later were not offered an opportunity to perform services for the educational institution, and you continued to certify for benefits, you may be eligible for retroactive payments of benefits. This is providing you did not work in an instructional, research or principal administrative capacity.

If you have sufficient earnings with employers other than educational institutions, you may be entitled to establish a claim based on the other employment."

Personally, I think it sux...but, it appears that's the law.

Hey Boomer - thanks! That was exactly what I was looking for.
Waggy will you stop with the ethical/unethical crap. I was simply asking a question to see if she was eligible or not. That is why we ask questions!!!

Mugs - she didnt get fired from her current job. She interviewed for a new job but that doesnt start until October. Her current "contract" with the school ends in June so she wont have a job again until October with the new school that she interviewed for (wasnt offered the position yet). Also she wasnt offered a new contract with her current school yet - I assume they will at a later date though.

your first post says she is on summer break. not that she is not going back to the same teaching job in the fall. with taht no you would not be allowed to file for unemployment. it would un-ethical and wrong.

IF she is not going to get her job back in teh fall then yes she can apply for benifits. I see nothing wrong with taht since she has been "fired" in a sense.

teh first post you made said she wants it over the summer. wich leads us to believe she is comeign back in teh fall. I stand by what i said about being un-eithical.

you are not clear on what is happening. either seh has a job in the fall or she does not.

 

[DrPizza]

Originally posted by: BoomerD
Well, I'm surprised, but according to the NY dept. of Labor site:
http://www.labor.state.ny.us/ui/ui_index.shtm
she's not eligible.

"Q: What if I work for a school system?

A: Employees of educational institutions are not eligible for benefits based on such employment when a claim is filed between academic years or terms and during customary vacation or holiday recesses if they have a contract or reasonable assurance of employment in the period immediately following the vacation period or holiday recess.

If you are denied benefits or your benefits are reduced between academic years or terms and later were not offered an opportunity to perform services for the educational institution, and you continued to certify for benefits, you may be eligible for retroactive payments of benefits. This is providing you did not work in an instructional, research or principal administrative capacity.

If you have sufficient earnings with employers other than educational institutions, you may be entitled to establish a claim based on the other employment."

Personally, I think it sux...but, it appears that's the law.

Yep, as Boomer said, no unemployment for teachers. Except, I agree with that policy. I'm fortunate that my school gives me the choice: 21 paychecks or 26 paychecks. I always opt for 26. I'll actually receive the last 6 at the same time next week. (They give all of them at the beginning of the summer/at the same time the other employees are receiving their last check of the year.) What's also nice is that we have the option of extra-curricular pay being broken up over the year, or paid as a lump sum at the end of the year. I choose the lump sum. Plus, if we opt out of the expensive medical plan and go with the cheaper plan (which saves the district a lot of money), we receive a portion of the savings (shared savings.) In my opinion, the policies are identical for my family situation, so I'm happy with the extra cash. This leaves me positioned in pretty good shape for the summer. I know I'd do a horrible job at budgeting for the summer otherwise. Plus, I don't teach summer school - I work at my farm all summer, plus have time to take extra college courses, seminars, etc.

 

[Q]

Just have her find a job at a Jewelry store or something?

 

[TangoJuliet]

Originally posted by: DrPizza

Originally posted by: BoomerD
Well, I'm surprised, but according to the NY dept. of Labor site:
http://www.labor.state.ny.us/ui/ui_index.shtm
she's not eligible.

"Q: What if I work for a school system?

A: Employees of educational institutions are not eligible for benefits based on such employment when a claim is filed between academic years or terms and during customary vacation or holiday recesses if they have a contract or reasonable assurance of employment in the period immediately following the vacation period or holiday recess.

If you are denied benefits or your benefits are reduced between academic years or terms and later were not offered an opportunity to perform services for the educational institution, and you continued to certify for benefits, you may be eligible for retroactive payments of benefits. This is providing you did not work in an instructional, research or principal administrative capacity.

If you have sufficient earnings with employers other than educational institutions, you may be entitled to establish a claim based on the other employment."

Personally, I think it sux...but, it appears that's the law.

Yep, as Boomer said, no unemployment for teachers. Except, I agree with that policy. I'm fortunate that my school gives me the choice: 21 paychecks or 26 paychecks. I always opt for 26. I'll actually receive the last 6 at the same time next week. (They give all of them at the beginning of the summer/at the same time the other employees are receiving their last check of the year.) What's also nice is that we have the option of extra-curricular pay being broken up over the year, or paid as a lump sum at the end of the year. I choose the lump sum. Plus, if we opt out of the expensive medical plan and go with the cheaper plan (which saves the district a lot of money), we receive a portion of the savings (shared savings.) In my opinion, the policies are identical for my family situation, so I'm happy with the extra cash. This leaves me positioned in pretty good shape for the summer. I know I'd do a horrible job at budgeting for the summer otherwise. Plus, I don't teach summer school - I work at my farm all summer, plus have time to take extra college courses, seminars, etc.

Pizza - thats pretty nice. My wife just interviewed at a public school so I am hoping they offer some of the same options. I have pretty good medical coverage at my job so if she declines it then that will be more money for us. Right now she works in a small private school - no union, about 200-250 students total (K-12).

 

[montanafan]

alkohoLiK, are you saying that at this private school she is only hired for one school year at a time and must be re-hired and sign a new contract each year? That would be different than in the public school system where, once you are hired on a permanent basis, your contract is continuing and therefore you are employed even during the summer when you are not being paid. In the public system here, some teachers are hired on a yearly basis and their contracts are terminated at the end of the school year if there is a RIF, making them eligible for unemployment. Others are hired on a yearly basis, but their contracts are continuing contingent upon them earning credits toward certification in the subject area they were hired to teach, making them ineligible for unemployment.

If she is hired for only nine months and then must be re-hired and sign a new contract to work the next year, she may be eligible for unemployment.