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Unemployment for Adjuncts in Washington State PowerPoint Presentation
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Unemployment for Adjuncts in Washington State

Unemployment for Adjuncts in Washington State

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Unemployment for Adjuncts in Washington State

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  1. 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.

  2. 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.

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

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

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

  11. 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.

  12. 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.

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

  14. 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.

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

  16. 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.

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

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

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

  20. 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).

  21. 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).

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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

  27. 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

  28. 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

  29. 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

  30. 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

  31. 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).

  32. 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.

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

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

  35. 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.

  36. 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!

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

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

  39. 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.

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

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

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

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

  44. 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

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

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

  47. 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…”

  48. 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.

  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. 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