Denial period for private school in MI
I'd like your opinion on the school denial period issue. I changed career paths late last year and took a job as a teaching assistant in a private school. I was called only as a sub for the first few months before being assigned to one classroom working 20/wk. I did not sign a contract for that school year. In May, I discussed my need and availability for work in the summer in that school's various summer camp programs. These programs ran at the school thru July. I filed for unemployment not knowing anything about denial periods because my background was not in the teaching field.
My application was approved and I started receiving benefits. In July, I was offered and signed a contract for the coming school year. Now, I have received notice that I am to reimburse the UIA for all the $$ received this summer.
Do I have a chance at appeal because I was not under contract at the time and was available to work in their summer classes?
The issue of school employee denial periods is usually called "reasonable assurance" and will probably be addressed in Chapter 4 at least, of the MESC Precedent Manual.
Now to address your chances for winning an appeal.
Reasonable assurance is some kind of legitimate denial period of benefits which I "think" is supposedly allowed via the US Constitution. At least that's what the MI decisions state.
But, although it's always been my "impression" that it can only apply to public school employees, I don't know if I'm correct to assume this.
I do believe the issue is controlled by this statute in the FUTA
But since you have been working for a "private" school .. and you didn't mention "non profit" school, I would assume that since you worked without an employment contract for that first year .. there couldn't really be a sustainable denial period just because you received a contract for employment for the coming year .. unless the effective date of the employment was stated to begin in July when you received the contract.
What do you think .. a premise for a possible argument?