Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Thursday, October 29, 2009

Substitute teacher ineligible for unemployment insurance based on assurance of reemployment

Hammond v Commissioner of Labor, App. Div., 252 A.D.2d 638

The Unemployment Insurance Appeals Board ruled that Sherry Hammond, an “occasional per diem substitute teacher,” was ineligible to receive unemployment insurance benefits because she had a reasonable assurance of continued employment.

Hammond had worked for 44 days as an occasional per diem substitute during the school year. Significantly, testimony presented to the Appeals Board indicated that Hammond was considered one of the more desirable substitutes and that the school had written to her indicating that her name would be maintained on its “per diem list” and that “there would be as much work for occasional per diem substitute teachers during the following school year as in the prior year.”

The Appellate Division upheld the Board’s determination, holding that such testimony constituted substantial evidence to support to Board’s decision.

Reprinted with permission New York Public Personnel Law

Mitchell H. Rubinstein

| Permalink


Post a comment