June 20, 2011 11:51 pm at 11:51 pm #597512
Can a teacher who is paid a 10 month salary in payments spread out over the 12 months, file for and collect unemployment insurance benefits as of July, if not rehired for the fall term?June 21, 2011 12:54 am at 12:54 am #778582
How do you define 10 month salary 12 spread over months? Can’t one argue that its a 12 month salery with 2 months paid vacation? (I do relize that the amount thay pay teachers in frum schools is not enough even for 10 months, I’m just asking in leagal terms).June 21, 2011 3:08 am at 3:08 am #778583
Yes, why not? The teacher is getting paid for 10 months worth of work but is getting paid over 12 month period for the convenience of the Yeshiva. This is NOT done in any other industry. You are saying straight out that they are getting paid for WORK that they did over a 10 month period however the employer is spreading out their payment over 12 months.
What about schools that are late in paying their teachers. Does that mean if a teacher gets fired but is NOT paid up to date, they can’t collect for the weeks that they receive a check in the future? Unemployment does NOT go according to WHEN a person gets paid, it goes by when a person WORKS and gets paid for that work. So just because it is more convenient for the school to distribute the payment to their employees over a 12 month period, why shouldn’t the teacher start collecting from the very first day after the 10 months are up? That is the very first day that s/he is unemployed.
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