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Unemployment for Adjuncts in Washington State. 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. .

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slide1

Unemployment for Adjuncts in Washington State

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

slide2

Unemployment for Adjuncts in Washington State

Unemployment is a joint federal-state program established by the Social Security Act of 1935that 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.

slide3

Unemployment for Adjuncts in Washington State

A very small percentage of those applying for Unemployment are part-time faculty.

slide4

Unemployment for Adjuncts in Washington State

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.

slide5

Unemployment for Adjuncts in Washington State

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.

slide6

Unemployment for Adjuncts in Washington State

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

slide7

Unemployment for Adjuncts in Washington State

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.

slide8

Unemployment for Adjuncts in Washington State

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.

slide9

Unemployment for Adjuncts in Washington State

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.

slide10

Unemployment for Adjuncts in Washington State

It is incumbent on unions to provide guidance.

There is a formula for calculation. Self-documentation is permitted.

slide11

Unemployment for Adjuncts in Washington State

To calculate hours worked (AFT Washington website http://wa.aft.org/):

(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.

slide12

Unemployment for Adjuncts in Washington State

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

slide13

Unemployment for Adjuncts in Washington State

Washington’s 34 community and technical colleges are “reimbursable employers.”

slide14

Unemployment for Adjuncts in Washington State

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.

slide15

Unemployment for Adjuncts in Washington State

But unspent unemployment funds can be kept by each college and used as the college sees fit.

slide16

Unemployment for Adjuncts in Washington State

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.

slide18

Unemployment for Adjuncts in Washington State

Adjunct files UI claim

ESD reviews claim

slide19

Unemployment for Adjuncts in Washington State

Adjunct files UI claim

ESD reviews claim

Claim approved by ESD?

slide20

Unemployment for Adjuncts in Washington State

Adjunct files UI claim

ESD reviews claim

Claim approved by ESD?

No

No payment to adjunct (but can appeal ruling).

slide21

Unemployment for Adjuncts in Washington State

College/contracted employment agent reviews claim

Adjunct files UI claim

ESD reviews claim

Claim approved by ESD?

Yes

No

No payment to adjunct (but can appeal ruling).

slide22

Unemployment for Adjuncts in Washington State

College/contracted employment agent reviews claim

Adjunct files UI claim

ESD reviews claim

Claim approved by ESD?

Yes

No

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

slide23

Unemployment for Adjuncts in Washington State

College/contracted employment agent reviews claim

Adjunct files UI claim

UI claim challenged?

ESD reviews claim

Claim approved by ESD?

Yes

No

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

slide24

Unemployment for Adjuncts in Washington State

College/contracted employment agent reviews claim

Adjunct files UI claim

UI claim challenged?

No

ESD reviews claim

Claim approved by ESD?

Yes

No

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

No change for adjunct

slide25

Unemployment for Adjuncts in Washington State

Hearing with judge (telephone)

College/contracted employment agent reviews claim

Yes

Adjunct files UI claim

UI claim challenged?

No

ESD reviews claim

Claim approved by ESD?

Yes

No

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

No change for adjunct

slide26

Unemployment for Adjuncts in Washington State

Hearing with judge (telephone)

College/contracted employment agent reviews claim

Yes

Adjunct files UI claim

UI claim challenged?

No

ESD reviews claim

Challenge upheld?

Claim approved by ESD?

Yes

No

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

No change for adjunct

slide27

Unemployment for Adjuncts in Washington State

Hearing with judge (telephone)

College/contracted employment agent reviews claim

Yes

Adjunct files UI claim

UI claim challenged?

No

ESD reviews claim

Challenge upheld?

No

Claim approved by ESD?

Yes

No

College reimburses ESD

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

No change for adjunct

slide28

Unemployment for Adjuncts in Washington State

Hearing with judge (telephone)

College/contracted employment agent reviews claim

Yes

Adjunct files UI claim

UI claim challenged?

No

ESD reviews claim

Challenge upheld?

No

Claim approved by ESD?

Yes

No

College reimburses ESD

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

No change for adjunct

No change for adjunct

slide29

Unemployment for Adjuncts in Washington State

Hearing with judge (telephone)

College/contracted employment agent reviews claim

Yes

Adjunct files UI claim

UI claim challenged?

No

Yes

ESD reviews claim

Challenge upheld?

College retains funds

No

Claim approved by ESD?

Yes

No

College reimburses ESD

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

No change for adjunct

No change for adjunct

slide30

Unemployment for Adjuncts in Washington State

Hearing with judge (telephone)

College/contracted employment agent reviews claim

Yes

Adjunct files UI claim

UI claim challenged?

No

Yes

ESD reviews claim

Challenge upheld?

College retains funds

No

Claim approved by ESD?

Yes

No

College reimburses ESD

No payment to adjunct (but can appeal ruling).

Adjunct receives UI payment

No change for adjunct

No change for adjunct

Adjunct pays back received funds

slide31

Unemployment for Adjuncts in Washington State

  • 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).
slide32

Unemployment for Adjuncts in Washington State

  • 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.
slide33

Unemployment for Adjuncts in Washington State

Olympic College “Multiple Quarter Contract”

slide34

Unemployment for Adjuncts in Washington State

Olympic College “Multiple Quarter Contract”

“… offers you a reasonable assurance of employment”

slide35

Unemployment for Adjuncts in Washington State

Olympic College “Multiple Quarter Contract”

“… offers you a reasonable assurance of employment”

But in practice, one could could lose classes and could still file for and receive unemployment.

slide36

Unemployment for Adjuncts in Washington State

Olympic College “Multiple Quarter Contract”

“… 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!

slide37

Unemployment for Adjuncts in Washington State

Pierce College’s Notification of Reasonable Assurance

slide38

Unemployment for Adjuncts in Washington State

Pierce College’s Notification of Reasonable Assurance

Notification of Reasonable Assurance

slide39

Unemployment for Adjuncts in Washington State

Pierce College’s Notification of Reasonable Assurance

Notification of Reasonable Assurance

But with this admission that classes are not guaranteed, this document certainly does not confer reasonable assurance of employment.

slide40

Unemployment for Adjuncts in Washington State

Olympic College current quarterly “contract”

slide41

Unemployment for Adjuncts in Washington State

Olympic College current quarterly “contract”

“… is offered in good faith as reasonable assurance of employment”

slide42

Unemployment for Adjuncts in Washington State

Olympic College current short-term “contract”

slide43

Unemployment for Adjuncts in Washington State

Olympic College current short-term “contract”

$75 for a faculty retreat.

slide44

Unemployment for Adjuncts in Washington State

Olympic College current short-term “contract”

$75 for a faculty retreat.

Even that is offered in good faith as reasonable assurance of employment

slide45

Unemployment for Adjuncts in Washington State

Olympic College historical quarterly “contract” from 1992

slide46

Unemployment for Adjuncts in Washington State

Olympic College historical quarterly “contract” from 1992

No mention of reasonable assurance.

slide47

Unemployment for Adjuncts in Washington State

Olympic College historical quarterly “contract” from 1992

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…”

slide48

Unemployment for Adjuncts in Washington State

  • 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.
slide49

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

slide50

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

Note: Arvada, Colorado, not Bremerton, Washington

slide51

Unemployment for Adjuncts in Washington State

Agreement between Olympic College and Employers Unity LLC

Manage all unemployment claims filed against the Employer

Annual service fee of only $2,131.00.

slide52

Unemployment for Adjuncts in Washington State

How can employment services manage to provide their services so inexpensively?

slide53

Unemployment for Adjuncts in Washington State

How can employment services manage to provide their services so inexpensively?

Perhaps they cut corners in their analysis.

slide54

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

slide55

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

Reasonable Assurance Stamp

slide56

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

Reasonable Assurance Stamp (claiming that unemployed adjunct is simply on a “scheduled break” )

slide57

Unemployment for Adjuncts in Washington State

  • Washington State Community and Technical Colleges attempt to minimize their unemployment obligations:
    • 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 e-mail correspondence with full-time faculty discussing future classes.
slide58

Unemployment for Adjuncts in Washington State

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.”

slide59

Unemployment for Adjuncts in Washington State

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:

slide60

Unemployment for Adjuncts in Washington State

TALX listed the quarterlytotal for the course as the pay rate of $2,585.75, but claimed this amount was MONTHLY, significantly inflating the claimant’s income.

slide61

Unemployment for Adjuncts in Washington State

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 http://www.chicagococal.org/Publication funded by the National Education Association, the American Federation of Teachers, and the American Association of University Professors

slide62

Unemployment for Adjuncts in Washington State

“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]

slide63

Unemployment for Adjuncts in Washington State

From: http://www.unemploymentforadjuncts.com/campaign/