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I am a retired teacher who has been working part time as a…

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I am a retired...

I am a retired teacher who has been working part time as a consultant to the school district I taught in before retiring. My duties included technical support with new technology, assistance to teachers, and remedial work with students. The position I had for 10 years was not funded this year due to the building of a new Middle School. According to my pay stubs, I have met the criteria for unemployment compensation. I was not a substitute teacher in recent years, but the district payroll office listed me as one because I was paid the same amount as a substitute. Do I qualify for UC?

Accountant's Assistant: The Retirement Accountant will know how to help. Is there anything else important you think the Retirement Accountant should know?

I don't think so

Submitted: 11 months ago.Category: Social Security
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9/12/2017
Social Security Expert: PDtax, CPA firm owner replied 11 months ago
PDtax
PDtax, CPA firm owner
Category: Social Security
Satisfied Customers: 5,123
Experience: 35 years tax and professional advice in all matters money
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Welcome to the site. I'm PDtax, and will be helping you today. Can you tell me what state you worked in?

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Customer reply replied 11 months ago
Pennsylvania
Social Security Expert: PDtax, CPA firm owner replied 11 months ago

In my state (NY), you would appear to qualify for unemployment, since the position was cut due to funding. The classification of your work, although seemingly a problem, would not, in my opinion, disqualify you, at least in my state.

You should be able to allpy and qualify, but you will likely require cooperation from the school district. I suggest drafting a letter that outlines your job responsibilities and reason the position was terminated (there is no recurring position to return to, because of the commitment of funds elsewhere). Have your principal or the school superintendent sign it, to support your application.

I see you are in PA. Let me look quick to see about their rules.

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Social Security Expert: PDtax, CPA firm owner replied 11 months ago

I believe you will be eligible under rules similar to NY.

§ 65.161. Reasonable assurance.

(a) For purposes of section 402.1 of the law (43 P. S. § 802.1), a contract or reasonable assurance that an individual will perform services in the second academic period exists only if both of the following conditions are met:

(1) The educational institution or educational service agency provides a bona fide offer of employment for the second academic period to the individual.

(2) The economic terms and conditions of the employment offered to the individual for the second academic period are not substantially less than the terms and conditions of the individual’s employment in the first academic period.

(b) For the purposes of subsection (a), an offer of employment is not bona fide if both of the following conditions exist:

(1) The educational institution or educational service agency does not control the circumstances under which the individual would be employed.

(2) The educational institution or educational service agency cannot provide evidence that the individual or similarly situated individuals normally perform services in the second academic period.

(c) For the purposes of subsection (a), economic terms and conditions of employment include wages, benefits and hours of work.

-------------------------------------------------

NOTE: If Ms. Brown rejects the teaching position and is deemed either to have resigned or is terminated, then she will likely be eligible for unemployment immediately, and can continue to receive unemployment for as long as she is unemployed, provided all other criteria are met (i.e. she was not offered the part-time job because she had engaged in willful misconduct while employed full-time, she looks for work, etc.)

http://employmentlaw101.blogspot.com/2012/07/unemployment-compensation-for.html is the cite for this support.

Based on the reasonable assurance statute, you will be eligible because there is no position to return to.

The letter from your supervisor is still a good idea.

I hope that meets your needs. If so, please rate my response with (five) stars for great service. I'm PDtax.

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Social Security Expert: PDtax, CPA firm owner replied 11 months ago

Hi again. PDtax here. Can I ask for positive feedback to rate my assistance and complete your request?

Thanks again from Just Answer.

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