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School Appealing my unemployment claim

by Nikki Turpin
(Worcester, MA)

I'm a Special Education Aide. We are hired Per Diem. We are scheduled 30 hours a week but during school holidays we are not paid. The aides do not pay into a union. For Winter break and Spring Break I reopened my previous claim. I told the representative I work for Blank School, we don't get paid during said break. The representative said ok, took all the information and then I received a check. Yesterday I received a letter saying that my school district is appealing the claim. Do they have a right to tell me I can't claim even though I'm willing to and can work but they aren't open?



Hi Nikki,

Of course they have the right to appeal. An interested party can appeal any determination or decision they within the deadline given. The employer, the claimant (you) and even the state may appeal.

Do you have the appeal in hand? Does it say anything about "reasonable assurance"?

Chris

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Jun 04, 2009
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starstarstarstarstar 		Do they have a chance?
by: Anonymous

No I just received the letter saying that they are appealing it. The date will be sent to me. Do they have a chance since Unemployment verified and approved it? I guess I'm wondering if the school even has a chance of winning the appeal.


Hi Nikki,

Yes, there may be an opportunity for them to win. Here is the relevant MA unemployment statute

Most states have statutes about "reasonable assurance" for educational workers. This usually requires some sort of form signed by you and put into your personnel record.

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