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

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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

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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.


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


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For that reason, it is safe to assume that most state UI staff are unaware of the peculiarities of part-time faculty employment conditions.


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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.


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


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This is a problem for Washington contingents: the 680 hours is based on a conventional 40-hour work week.


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Adjuncts who calculated their hours can easily conclude that they don’t qualify.


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Adjuncts who calculated their hours can easily conclude that they don’t qualify, when, in fact, they do.


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It is incumbent on unions to provide guidance.

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


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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.


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


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


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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.


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


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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.


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Adjunct files UI claim


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ESD reviews claim


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Claim approved by

ESD?

ESD reviews claim


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No

Claim approved by

ESD?

No payment to adjunct (but can

appeal ruling).

ESD reviews claim


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College/contracted employment agent

reviews claim

Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim


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reviews claim

Adjunct receives UI payment

Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim


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reviews claim

UI claim challenged

?


Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim


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reviews claim

UI claim challenged

?

No


Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim

No change for adjunct


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reviews claim

UI claim challenged

?

No

Yes Hearing with judge

(telephone)


Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim



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reviews claim

UI claim challenged

?

No


(telephone)

Challenge upheld?


Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim



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reviews claim

UI claim challenged

?

No


(telephone)

No

Challenge upheld?

College reimburses

ESD


Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim



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reviews claim

UI claim challenged

?

No


(telephone)

No

Challenge upheld?

College reimburses

ESD


Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim




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reviews claim

UI claim challenged

?

No


(telephone)

No

Challenge upheld?

College reimburses

ESD


YesCollege retains

funds

Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim




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reviews claim

UI claim challenged

?

No


(telephone)

No

Challenge upheld?

College reimburses

ESD


YesCollege retains

funds

Adjunct pays back received funds

Yes

No

Claim approved by

ESD?


appeal ruling).

ESD reviews claim




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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).


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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.


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Olympic College “Multiple Quarter Contract”

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“… offers you a reasonable assurance of employment”


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


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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!


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Pierce College’s Notification of Reasonable Assurance

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Notification of Reasonable Assurance


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Notification of Reasonable Assurance

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


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Olympic College current quarterly “contract”

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

Olympic College current quarterly “contract”

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Olympic College current short-term “contract”

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$75 for a faculty retreat.


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


$75 for a faculty retreat.

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Olympic College historical quarterly “contract” from 1992

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No mention of reasonable assurance.


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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…”


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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.


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

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Note: Arvada, Colorado, not Bremerton, Washington


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Manage all unemployment claims filed against the Employer

Annual service fee of only $2,131.00.

Agreement between Olympic College and Employers Unity LLC

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


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

Perhaps they cut corners in their analysis.


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Reasonable Assurance Stamp


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


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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 e-mail correspondence with full-time faculty discussing future classes.


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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.”


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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:


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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.


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Access to Unemployment Insurance Benefits for Contingent Faculty$5.00Access 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


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“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]


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From: http://www.unemploymentforadjuncts.com/campaign/Unemployment for Adjuncts in Washington State

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