EDD denied my claim as substitute teacher due to 'reasonable assurance' - fighting this decision
I'm really frustrated and could use some advice. I've been working as a substitute teacher for East Bay Unified for the 2024-2025 school year. When summer break started, I filed for unemployment since I won't have work until fall. Just got denied because EDD says I have 'reasonable assurance' of returning to work after the break. The letter mentioned something about Education Code 1253.3. But here's the thing - as a sub, I have ZERO guarantee of any work. Some weeks during the year I barely got called at all. The district just sent a general email asking if we want to remain on the sub list for next year. That's not a job guarantee! Has any other substitute teacher successfully appealed this kind of denial? I've got bills to pay and was counting on UI to help get through summer. Any tips on what to include in my appeal letter?
18 comments
Oliver Becker
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!
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Amina Bah
•Thank you so much for this detailed advice! I definitely have paystubs showing weeks with zero or just one day of work. Do you think I should also get a statement from the district office confirming subs have no minimum hours guarantee? And approximately how long did your appeal process take from filing to decision?
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CosmicCowboy
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!!
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Natasha Orlova
•Right, and that's exactly why many subs win on appeal. The law distinguishes between having an actual contract with guaranteed work versus just being on a call list. Did you end up appealing your denial?
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Javier Cruz
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!
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Amina Bah
•This is super helpful, thank you! I'll definitely start gathering this documentation. Did you have to get anything notarized or was regular documentation okay? I'm worried about the 5-week timeline though... that's a long time to go without income.
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Emma Thompson
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.
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Oliver Becker
•That's not exactly right. The question asks if you have a definite date to return to work, which subs don't. Being on a substitute list for next year isn't the same as having a return date. The reasonable assurance denial comes from a separate process where schools report their employees to EDD, not from how you answer the application questions.
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Malik Jackson
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.
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Isabella Costa
•Been trying to call EDD for 3 days straight about my own claim issue. Keeps saying they're experiencing high call volume and hangs up. So frustrating!!! Is there any trick to getting through??
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Amina Bah
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.
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Javier Cruz
•That's PERFECT evidence! Make sure to highlight that exact phrase in your appeal letter. Also, did you know that CA specifically addressed this issue in a legal precedent case? Look up "Unemployment Insurance Appeals Board Precedent Decision P-B-218" - it specifically deals with substitute teachers and reasonable assurance. Print this out and include it with your appeal!
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CosmicCowboy
my cousin works for a diff school district and got unemployment all summer as a sub so it def is possible
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Amina Bah
•That's encouraging to hear! Do you know if they had to appeal or if they were approved right away?
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Oliver Becker
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.
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Amina Bah
•I hadn't thought about the school budget angle. Our district actually IS cutting some programs next year due to budget constraints, so there will likely be fewer opportunities. That's a great point to include! And I'll definitely keep certifying. If I win the appeal and get backpay, do they pay it all at once or spread it out?
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StarSurfer
I thought teachers couldn't get unemployment? I always heard school employees are different from regular workers.
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Malik Jackson
•It's a common misconception. The rules aren't that school employees can't get unemployment, but rather that they can't typically collect during scheduled breaks (summer, winter, spring breaks) IF they have reasonable assurance of returning to the same position afterward. But there are important distinctions: 1. Permanent/contract teachers with guaranteed positions typically can't collect during breaks 2. Day-to-day substitutes often CAN collect during breaks because they have no guarantee of work 3. Any school employee can collect unemployment if permanently laid off The key issue here is whether a substitute teacher on a call list truly has "reasonable assurance" of similar employment. Courts have increasingly ruled that being on a substitute list does NOT constitute reasonable assurance since there's no guarantee of comparable work.
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