EDD denied my unemployment as a substitute teacher during summer break - facing homelessness

sry ur goin thru this. same thing happened 2 my cousin last summer. she ended up taking a retail job for 2 months till school started again.

The "reasonable assurance" thing is such BS!!! I'm also a sub and they do this EVERY YEAR to us. We don't have contracts, guaranteed hours, or even guaranteed positions. Some years I get calls constantly, others barely any. There's NOTHING reasonable about our assurance of work!! The system is DESIGNED to screw over educators while their fancy offices sit empty for summer. Makes me FURIOUS!!!!!

I understand your frustration, but there are specific steps you need to take. First, you absolutely should appeal - this is crucial. In your appeal, focus on the fact that you don't have a reasonable assurance of work because: 1. You have no guaranteed hours as a substitute 2. Your employment is on an as-needed basis 3. You have no contractual promise of returning to work Also, when you call EDD, specifically ask to speak with someone familiar with the "Cervisi decision" - this was a California court case that established that substitute teachers without guaranteed assignments can qualify for benefits during recess periods. Make sure to document every call and interaction. While waiting for the appeal, also check if you qualify for emergency rental assistance through your county's social services department. This could help prevent homelessness while you sort out the EDD situation.

Ugh i remember going thru this exact thing back in 2023. So what happens is the school district tells EDD you have "reasonable assurance" coming back but like you said we dont actually have guaranteed work. Have you tried calling EDD yet? Good luck getting thru lol took me 2 weeks of calling

I had this same issue last year and won my appeal! Make sure you're very specific in your appeal letter about why you don't have reasonable assurance. Mention that you have no guaranteed hours, no minimum days promised, and that your work is completely at-will and dependent on daily staffing needs. Also mention if there were any periods during the school year where you weren't called to work - this helps show that even during normal times your work is inconsistent. Be warned though - my appeal took almost 6 weeks to process. For immediate help, try contacting your local state representative's office. Mine actually stepped in and helped expedite my case!

I'm not a sub teacher but work in education administration and wanted to mention something important - did you receive any kind of written notice from your district(s) about returning in the fall? Often districts send these 'intent to return' letters that subs sign, and EDD uses these as proof of 'reasonable assurance' even though they don't actually guarantee anything. If you didn't sign anything like this, make sure to mention that in your appeal!

Yes, definitely include that email with your appeal! The key language to focus on is that it "wasn't a contract or guarantee of any work." This supports your argument that you don't have reasonable assurance. Also, you should absolutely continue certifying for benefits every two weeks while your appeal is pending. If you win your appeal, they'll pay you for all the weeks you certified for. If you stop certifying, you won't receive backpay for those weeks even if you win. Regarding your immediate financial situation, call 211 right away. They can connect you with emergency housing assistance programs that might be able to help with your rent while you wait for your appeal. The California COVID-19 Rent Relief program has been extended in some counties, and there may be other local emergency funds available.

not sure if this helps but my friend was teaching ESL over summer at community college when regular school was out. might be worth looking into for quick cash?

hope ur appeal goes well...just fyi my friend had success with her appeal but it took like 2 months to resolve...she had 2 move in w her parents during that time which sucked but at least she got backpay eventually

UPDATE on my comment above: If your district has fluctuating needs year to year, gather evidence of this. I printed out my subbing history showing I was called for 87 days one year but only 54 the next. This was CRUCIAL in winning my appeal because it proved there was no consistent work pattern. The judge specifically mentioned this evidence in the decision letter.

Just to clarify something important: The Cervisi decision (Cervisi v. California Unemployment Insurance Appeals Board) established that community college instructors with no guarantee of employment are eligible for benefits between terms. This precedent has since been extended to K-12 substitute teachers in similar situations. When communicating with EDD, reference California Unemployment Insurance Code Section 1253.3 and emphasize that your work as a substitute is contingent on day-to-day needs with no guarantee of future assignments. Also point out that your compensation varies significantly based on actual assignments received, not a guaranteed salary. This specific language is important when dealing with EDD representatives who may not fully understand the nuances of educator unemployment eligibility.