New York court finds claimant had reasonable assurance of future employment, denies benefits
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Friday, May 15, 2020

New York court finds claimant had reasonable assurance of future employment, denies benefits

By Payroll and Entitlements Editorial Staff

The claimant, a part-time adjunct instructor for a community college, received a letter from his employer informing him that he had been scheduled to teach during the fall 2018 semester, noting that the schedule was “dependent on anticipated student enrollment.” The Board found that the claimant was entitled to receive benefits because the employer had not provided him with a reasonable assurance of continued employment. However, the court determined that the Board's decision was not supported by substantial evidence inasmuch as the claimant had received the letter, which did in fact provide reasonable assurance of continued employment for the semester at issue. Accordingly, the court reversed the Board's ruling and denied benefits (In the Matter of Major A. Barnett, N.Y. Sup. Ct., App. Div., Third Dept., No. 529659, April 9, 2020).

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