Arizona High Court resolves reasonable assurance issues for some claimants, remand case for teachers
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Thursday, July 23, 2020

Arizona High Court resolves reasonable assurance issues for some claimants, remand case for teachers

By Payroll and Entitlements Editorial Staff

Two sets of claimants, a pair of infant and toddler teachers and a cook and a cook's assistant, worked for a nonprofit corporation which operates childcare facilities and administers federally funded Early Head Start and Migrant Seasonal Head Start programs. The case involves interpretation of the law that any individual who performs certain services while employed by an entity that provides such services to or on behalf of an educational institution cannot qualify for unemployment for breaks between academic terms if that person is assured reemployment. The court remanded the case to DES to determine whether the teacher claimants were eligible for benefits. On remand, the agency was required to determine whether the claimants performed services for the nonprofit that it, in turn, provided to, or on behalf of, the school districts. If they did, owing to the assurance of reemployment, they were ineligible for benefits. However, if they did not perform such services, they were entitled to benefits. As to the cook and the cook's assistant, the court agreed that no evidence linked the cooking staffs’ activities to any conceivable service the nonprofit agreed to provide to or on behalf of the school districts. The court thus vacated the opinion of the court of appeals and remanded the case for an award of benefits. It also remanded the case for further proceedings to resolve the claims of the infant and toddler teacher claimants in accordance with its opinion (Maria Rosas v. DES and Chicanos Por La Causa Inc., Ariz. Sup. Ct., No. CV-19-0100-PR, June 19, 2020).

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