In a decision recently handed down by the Third Department paraprofessionals who were laid off in 2003 lost their claim for unemployment benefits during the summer when they were advised of their termination at the end of June. The UFT reasoned that while they were paid over the summer the termination notices effectively made them unemployed. The Third Department disagreed and found that they were not “totally unemployed.”
As a side note the paras were rehired that September in one of the DOE's stunning display of disregard of its employees and managerial incompetence.
It is doubtful that you will hear anything about this case from official UFT sources even though it affected many members.
We must also remember that the “layoff” was only made possible when, in our previous contract, we gave up our no layoff clause. At the time our leadership argued that this was not a “giveback” since the possibility of layoffs was unimaginable.
The case is reported at 2005 N.Y. App. Div. LEXIS 8447 and is available upon request.