EDD denied my claim as substitute teacher due to 'reasonable assurance' - fighting this decision

You can definitely appeal this! I'm a former sub who went through the exact same thing last year. 'Reasonable assurance' doesn't apply the same way to day-to-day subs as it does to contract teachers. In your appeal, focus on these points: - You have no guaranteed hours or income - You're only called when needed (no regular schedule) - There's no contractual obligation for the district to provide you work - Your income fluctuates significantly throughout the year I won my appeal by providing pay stubs showing how irregular my work was (some weeks with 5 days, others with 0-1 days). Also include the email they sent - it usually just asks if you want to remain on the list, which isn't the same as a job offer or contract. Be prepared for a phone interview with an EDD judge. They'll ask specific questions about your work arrangement. Good luck!

same happened 2 me. got denied bcuz of that 'reasonable assurence' thing. its BS! how is being on a LIST reasonable assurence??? some weeks i got no calls at all during regular school yr!!

I had this EXACT problem but with North County School District! They always deny subs initially because they just run everything through an automated system. Anyone who works for a school district gets flagged with the same 'reasonable assurance' denial regardless of your actual employment status. I FOUGHT IT AND WON! Here's what I did: 1. Filed the appeal form right away (don't miss the deadline!) 2. Got documentation from my district showing I was a day-to-day sub with no guaranteed hours 3. Kept a record of all the days I was available but NOT called during the regular school year 4. Printed the relevant section of CA unemployment code about reasonable assurance (look up CUIC section 1253.3) The appeal hearing was over the phone. The judge asked specific questions about my work arrangement. BE PREPARED to explain clearly that as a sub, you have no guarantee of work. The whole process took about 5 weeks, but I got ALL my backpay once I won. DON'T GIVE UP! The system is designed to deny first and make you appeal!

When you file for unemployment you check the box that says you expect to return to work for your employer. That's why they deny you. You need to be careful how you anwser those questions even if you are a sub.

I work in HR for a school district (not yours) and can offer some insight. Under CA Education Code 1253.3, school employees typically can't collect unemployment during scheduled breaks if they have reasonable assurance of returning. However, the key legal distinction is between: - Contracted employees with guaranteed positions - Day-to-day substitutes with no minimum hours guarantee As a day-to-day sub, you should be eligible during breaks if your work history shows irregular assignments. The "reasonable assurance" letter or email from your district likely contains conditional language like "subject to availability of work" or "as needed basis" - this conditional language actually supports your case! When you appeal, highlight these conditional phrases in your district's communication. This proves you don't have true reasonable assurance as defined by unemployment law. Also, have you tried calling EDD directly to explain this misunderstanding? Getting through to them can be challenging but would potentially be faster than the appeal process.

Update: I found my original hiring paperwork from the district and it specifically says work is 'as needed with no guarantee of hours or assignments' - definitely going to include this in my appeal! Thanks everyone for the advice so far.

my cousin works for a diff school district and got unemployment all summer as a sub so it def is possible

One more thing to consider for your appeal - the 'reasonable assurance' rule also depends on whether your work is likely to be substantially the same in the next academic year. If your district is facing budget cuts, reducing classes, or has announced any staffing changes, make sure to mention this as it further weakens their claim that you have reasonable assurance of similar work. Also, keep certifying for benefits every two weeks during your appeal process. If you win, they'll pay you retroactively for all the weeks you certified.

I thought teachers couldn't get unemployment? I always heard school employees are different from regular workers.

I'm dealing with something similar but as a substitute aide, not teacher. Got the same "reasonable assurance" denial even though I'm purely on-call with zero guaranteed hours. Reading through everyone's advice here - especially about the P-B-218 precedent case and highlighting the conditional language in district communications - this is exactly what I needed to see! One question for those who've been through the appeal process: how detailed should I get about my irregular work pattern? I have pay stubs showing I worked 0 hours some weeks, 8 hours others, up to 32 hours occasionally. Should I create a spreadsheet or chart showing this inconsistency, or is just submitting the pay stubs enough evidence? Also super frustrated with the EDD phone system. Been trying to get through for a week with no luck. Definitely going straight to the formal appeal route based on what everyone's shared here.

https://proteacher.net/discussions/threads/reasonable-assurance-standard-for-substitute-teachers-is-legal-false-equivalency.694916/ Every Substitute Teacher needs to download copy of this table! Include with your claim. It's complete b s that they say Substitutes have "reasonable assurance" of ANYTHING. In talking to CA EDD, they said this law goes back to like the 1940's (FUTA). If no one will stand up for substitute teachers, substitute teachers have to stand up for themselves. https://www.reddit.com/r/SubstituteTeachers/comments/1hf3ovr/take_the_reasonable_assurance_quiz_something_to/