Temporary Maternity Substitute and Unemployment Problems
My question involves unemployment benefits for the state of: MA
I was a school teacher in MA for 10 years. I resigned in 07 due to school climate. There was a major lawsuit pending on the district due to a student incident. The school was even cited. Many senior teachers walked.
I tried working odd jobs in search of a new teaching position. I never even thought of unemployment. I ended up as a temporary long-term maternity substitute to cover until the end of the 2008 school year at a different school. The year ended, and everyone said their goodbyes to me, and I was left jobless again.
I tried to apply for summer jobs, to no avail. I've been interviewing for a teaching job to begin this fall.
In the meantime, I applied for MA unemployment to help me during these summer months, and everything seemed fine...they were planning to pay me from the 10 year school income.
Then the school where I was temporarily employed (I signed a contract) told unemployment that I am still their employee and can certainly come back in Sept. as a regular sub (this was a shock to me, as I was never told this.)Being a regular sub in Sept. would be a drastic change of working conditions; as a maternity sub, I make double the pay of a reg. sub, and I plan all lessons, correct work, and work with the same schedule of students each day (more like a stand-in teacher). You sign a time-period contract, whereas a sub. is called on a daily basis.
So my claim is pending, and has been pending since June, and seems like it will be rejected. Is this legal? Can they force me to be their invisible employee, without even having applied for a reg. sub position there? Did they expect me to show up in Sept. without even knowing I was an employee? Why not make me a cafeteria worker randomly, or a secretary? These positions are DIFFERENT, even though they are both fall under the umbrella of subs. I'm absolutely not returning there; I've been on several teaching interviews and have second round interviews coming. I will have a teaching job in Sept. But I'm drowning from three months of no income, and I'm not sure if I'm right or wrong here. Advice?
Re: Temporary Maternity Substitute and Unemployment Problems
Oh, I forgot to mention that the school admitted to unemployment that my position was temporary, but then followed by saying that I have "reasonable assurance" of employment with them in the fall as a reg. sub.
Re: Temporary Maternity Substitute and Unemployment Problems
Sorry, one more thing to be clear: I tried to reason with the payroll woman at the school where I was a sub, and she said that until I say I am not available to be a regular sub in Sept. IN WRITING, then I am still their employee.
If I do this, isn't this turning down a job (that I never applied for) thus placing a red flag on my unemployment claim? OR, will unemployment accept my refusal at this point due to a change in working conditions? I feel like they are playing with the system and trying to trick me into turning down a position, when the position I had with them was temporary and it ended. I even told her that the money is coming from my ten-year teaching position (that was my highest pay in the last 16 months), but she ignored me.