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I had my Unemployment benefits denied for an issue of NRS

612.434 "between terms" issue for...
I had my Unemployment benefits denied for an issue of NRS 612.434 "between terms" issue for educators.
JA: Have you documented this or discussed it with HR?
Customer: It was adjudicated with the Carson UIB office and they approved the payments for the 3 weeks in question and paid me on 8/17/17 based on that decision. After that, (I had to file an appeal) the appeal office denied that claim and is asking for repayment of $3,700 when it had already been approved and paid. In addition the appeal office included repayment of the money paid during the start of the college term for which I am still unemployed which had also been adjudicated by Carson UIB office. The problem is that the UIB office went by my college schedue with 4 terms and the subsequent term followed the 3 weeks. So with no contract I was unemployed and the Carson adjudicator ruled in my favor. The appeals office used the rule for district wide schools which begin the Fall, and he said there was a strong possibility to return. The law says "next" term. I am still unemployed. Can they adjudicate something twice. Isn't there a law which says something can not be adjudicated over.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Part time, I am a adjunct Professor and paid only when they give me a contract (based on their class enrollment needs.)
JA: Anything else you want the lawyer to know before I connect you?
Customer: the law says "next term or academic year" Does the "or" mean that "in the event there is no term" they can arbitrarily use academic year? This seems to be what the Appeal officer did when he denied me and asked for repayment. ???Does that law protect my situation as a college term??? AND ???If they made the mistake, Do I have to pay money back that was awarded to me.???
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Answered in 29 minutes by:
9/11/2017
Maverick
Maverick, Lawyer
Category: Employment Law
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Q1. They can adjudicate something twice in the context of an appeal; otherwise there would be no point to the review process. An appeal looks for legal error made by a lower tribunal and if it finds it, then the lower tribunal's decision may be reversed. The law that you are probably thinking of is outside the context of an appeal and it is in the criminal context of no double jeopardy; where one may not be prosecuted for the same crime twice if acquitted.

Q2. It would appear that the appeals board would need to be consistent in using "next term" or "academic year"; which ever system the college follows. If it did not do so, there may be legal error here made by the appeal panel.

Q3. If they made a mistake, you option to get it rectified is to have the decision reviewed by the District Court. You have 10 days to request the District Court to review a board decision.

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Customer reply replied 3 months ago
1) Hopefully they will see my position, however, can they make me repay for their decision error.
2) Does the statement below seem appropriate as an explanation based on your answer to me.
I, being not in a public school system, do not have that option as an adjunct professor of a college. I am only paid while employed. In a district wide school system, there are 3 semesters (9 months out of 12) with a summer break where the law applies. However, a college setting is set up for an entire year as Quarters or 4 consecutive terms. Referee Hartman based his reasoning on the district wide public school model of 3 semesters and return in the Fall, and not the college model of 4 successive terms. This makes it very clear that I am not employed for the “next academic term, and therefore entitled to compensation from the date of unemployment, June 15, 2017.
In previous years, I was given work for the 1st, 2nd, 3rd and 4th terms. However recently, I became unemployed for 2016 and 2017 for the 3rd term due to lack of work.
Customer reply replied 3 months ago
Did you get my last question

1. They can make you repay unless you make a timely appeal of their decision error to the district court and get it reversed.

2. Yes, this is a good explanation; however, the last sentence is not too clear. Why 2016? Also, you need to clarify that you have always been employed by them under a 4 term system; if that is in fact the case.

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Customer reply replied 3 months ago
1) Do I mention,as a precedence, that they paid me in 2016 for the three weeks and the next term (3rd term). This is the exact same situation for 2017. WOULD THAT open me up and MAKE ME LIABLE for more repayment of 2016 TOO. If the decision is not reversed.
2). It is important to mention that I have worked there for eight years working 4 terms until 2016 and 2017 when work was unavailable for the 3rd term and I became unemployed at the end of my contract.

Now, those two additional points make the picture much more clear in your favor. As far as making you liable for repayment for 2016 also, if that has not yet been ruled on, then you would not be made liable for it automatically. If the appeal panel only made a decision as to 2017, then use the information you just provided me above to argue that the appeal panel's ruling was erroneous as to 2017 and need to be reversed by the district court.

Maverick
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Experience: 20 years professional experience
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