Virtually all appointment offers to part-time faculty are contingent upon meeting minimum enrollment, funding levels, or program continuation. Such contingent offers do not constitute “reasonable assurance” or reemployment as defined in the state unemployment code. Thus, most part-time faculty are eligible for unemployment. The fact that some individuals have a history of being reemployed at the end of a summer or holiday recess between terms is irrelevant in this regard. Applying for unemployment benefits is your legal right! When you, as a part-time instructor, request these benefits, you are simply asking your employer to acknowledge your lack of job security. Click here for a pdf of this Step-by-Step Guide.

All About The Cervisi Decision

According to the 1989 Cervisi Decision, Part-time, temporary faculty of California’s community colleges are entitled to unemployment compensation for periods between semesters, including summer and winter breaks. This principle was established in Cervisi v. California Unemployment Insurance Appeals Board (1989) 208 Cal.App.3ed 635, and is a permanent part of the California Unemployment Insurance Code Sec.1253.3. Under the Cervisi ruling, any assignment that is contingent on enrollment, funding, or program changes is not a “reasonable assurance” of continued employment.

Cervisi covers all part-time faculty: instructors, nurses, librarians, counselors, and other academic employees. Faculty are entitled to benefits even if their district has provided them with a written offer (a TA) to teach the following semester. A district may call this a “contract,” but in the eyes of the law it is NOT. Even if you have a history of being re-employed at the end of a summer or holiday recess between terms, the law considers this irrelevant. Remember: unemployment benefits aren’t a handout–they’re your legal right!

How to Apply for Unemployment Benefits

On your first day of unemployment, or as soon as possible thereafter, the Employment Development Department (EDD) website. NOTE: you are no longer allowed to file in person at an EDD Office!

• File your claim online. Registration and ID verification are required. Keep copies of everything.
• Follow the instructions in the form; step by step instructions are in the FAQs for Unemployment Claims on the EDD website.
• Read the information about unemployment prior to starting so you know what to do.
• Complete the form honestly and completely.

Keep in mind the following:

• File the day after your last final exam in the district. If you work for multiple districts that end in different weeks, you can begin your claim with underemployment. Always file the day after your last day of paid work. If you are on a short term contact that ends prior to the end of the actual semester, do not wait until the end of the semester.
  • Don’t wait to file; eligibility begins with the date of the application, regardless of how long you may have been unemployed prior to applying.
  • The first week of each benefit year, starting the week after you file, is unpaid. EDD weeks are Sunday through Saturday. If you file on a Monday, your claim will not start until the following Sunday, and that first week will be unpaid.
  • Do not use pay dates; they are irrelevant to your claim.
  • Do not use the semester start and end dates; use your contract’s/classes’ first and last days.
  • Calculating your pay:
    • Determine your pay for the past 18 months by quarter (see the EDD website for the breakdown). BEST PRACTICE: Calculate your pay for each district based on your hourly rate and number of hours worked per week, and document it on paper; keep that paper in your file with your other EDD documents.
    • Do not use paystubs to calculate.
    • Do not use pay dates; EDD wants to know when you work for pay, NOT when you are paid.
    • For office hours, professional development, and other work, calculate it as it is completed.
  • Common Questions:
    • Do you have reasonable assurance of returning to work? NO. Any possible future contracts are subject to the Cervisi rule (see above)
    • Who is my immediate supervisor? Deans are typically the immediate supervisor (not chairs as they are usually faculty).
    • Who is the district contact? Your district’s HR should know who handles EDD calls; get that person’s name and contact information and use it for the contact.
    • Do you belong to a union? We belong to Associations, not labor unions; labor unions look for work for their members.
      • If you answer yes, you will need to fill out the contact information for CTA in Burlingame, CA; then, for the question asking if the union looks for work for you, answer NO.
      • If you answer no, you do not need to do anything else.
    • I applied six months ago; do I need to start a new application? NO.
      • Claims last for 365 days, so if you are unemployed during that time, you will reopen the existing claim.
      • DO NOT START a new claim if you already have an existing one as that can trigger fraud issues.
        • If you opened your existing claim on June 10, 2023, it does not expire until June 9, 2024.
        • If your first day of unemployment at the end of spring is June 8, 2024, you can either reopen the existing claim, or wait until June 10th and start a new claim, which you will have to do anyways because claims do not continue after the one-year expiration date.
        • REOPENING A CLAIM: when/if you reopen a claim, you will be asked to update your income information for the quarters you claim was suspended.

After you File

• You will receive emails from EDD while they verify your information. Check your messages on the UI Benefits page of the EDD website on a regular basis.
• You will receive a physical letter specifying your award amount (up to $450 per week) and your rights.
• Register with the Chancellor’s Office Job Mart and CALJobs (this is required).
• Every two weeks, you are required to complete the bi-weekly reporting form that can be done on the EDD website after you have logged into UI Benefits.
  • Note: You are NOT required to seek employment outside of your regular line of work.
  • If you don’t complete the bi-weekly reporting, your claim will be put into suspension (think suspended animation, not expulsion) until you reopen it.
• To maintain your claim, complete the bi-weekly reporting. Once you start work, you can either continue to complete the forms or stop completing them and suspend your claim until you reopen it.
  • If you continue reporting, keep in mind that any benefits you receive are then considered underemployment.
  • The maximum earnable is $650 per week; after earning $650, the benefit amount for that week is reduced to zero.

Phone Interviews

• It is typical for EDD to require an interview before sending any awards. If chosen, you will receive notification via email and physical mail.
• Make sure you do not miss the interview. If you must reschedule, contact EDD via the chat feature on the EDD website; however, trying to contact EDD is a frustrating experience—they no longer have email access; phone lines are busy with long waits; chat is through an automated service—so pack your patience.
• For the Interview:
  • Have a copy of the benefit claim and use it to answer questions.
  • Be honest, don’t guess, have your paperwork within reach.
  • They typically ask if you are on a recess; recesses are periods like Spring Break when we are not eligible for Unemployment benefits. Do not open or reopen a claim during mid semester breaks. Claims only apply between contracts, and you are not on a recess at that point.
  • You will be asked if you have any upcoming work scheduled. This is the reasonable assurance question; BEST PRACTICE: state Cervisi—my assignments are based on enrollment, funding, and program changes so I do not have reasonable assurance and my assignment can be cancelled at any time—and don’t embellish or over-explain.
• BEST ADVICE: Do not try to teach the interviewer. Most times, the interviewer is reading from a series of questions and typing in your responses. They have no part in the decision that will be made. Keep your answers concise, brief, factual, and honest.

Denials and the Appeals Process

If the college mistakenly informs EDD that a person is returning or still employed, then EDD is likely to deny benefits. If this happens, it’s very important that you file an appeal. (See below) We recommend notifying your union representative because the district is violating the law.

If you are denied unemployment benefits, you have the right to appeal. Most cases can be won at the first stage of appeal. The appeals process may seem intimidating, but it is not difficult, and part-time faculty are encouraged to pursue their claims.

The Steps

If you are denied benefits, you will be notified in writing. The notification will explain your right to appeal and give instructions on how to appeal, including the timelines. Follow these timelines precisely.

If you are denied unemployment benefits and you need more information than what is provided here, before filing your appeal, consult with a local association officer or CCA Staff Consultant for advice. DO NOT WAIT; the clock is ticking and EDD holds to those timelines.

You will need the following information at the hearing (if it is virtual, have these items in electronic form):

• A copy of your appointment letter or load sheet for the present semester
• Copies of offers of prior contracts, if available; if not available, use your TAs or create a list of your assignments for the past two years.
• A copy of the Cervisi Decision (see link above under Cervisi).
• Any other records, including emails, showing your past two to five year teaching history.
  • NOTE: any college/district emails pertaining to declining growth, fraudulent enrollments, class cuts, or budget shortfalls can be useful.
  • Is there a history of being bumped from classes either because enrollment didn’t meet minimum or because a full-timer needed the class to fill their load?
  • Do you know of others who currently or in the recent past had similar experiences?

If You’re Still Denied…
Contact your chapter leadership immediately and ask for CTA/CCA staff assistance. Appeals begin with an administrative law judge, then they can be filed with the Unemployment Insurance Appeals Board and finally through the State Courts.