Seasonal Employees and Unemployment Compensation Benefits

There is a possible resource for seasonal employees, during the months when there is no available work. It may not apply to everyone, but many people who could get help from unemployment compensation benefits assume that nothing is available.

Take a few examples:

Jane is employed as a cashier at a pari-mutuel racetrack that has racing dates established by state law. She works full time during the racing seasons at the track but when the racing stops, she is laid off. While she anticipates that she will be rehired when the races resume, she has no contract guaranteeing that hope. Jane is willing and able to be employed at another race track in the immediate area at approximately the same job, hours and salary, but there is only one race track in town and there are no jobs available.

John is employed by a franchise operator of a nationally advertised tax preparation service. He works a minimum of 30 hours a week between January 1 and April 15, preparing individual income tax returns. At the start of the tax season, John signs an employment agreement that sets the term of employment to be the four months or so of the tax season. Again, while employment in the same job for the next season is to be reasonably anticipated (after all, John has another year of experience and his performance and productivity has been without flaw), for now he is without income or employment. As in the case of Jane, John is willing and able to be an income tax preparer; alas, however, none of the tax preparation service companies are operating on more than a bare-bones staff and none are hiring anyone - at least not before the next tax season.

Under present law in most states, both Jane and John might be eligible to receive unemployment compensation benefits, provided they meet other criteria involving length of employment and income daring the requisite quarters. While the Federal government does establish standards, guidelines and minimum requirements for state UCB programs, each state may have unique qualifications. The best approach is to apply to your states' UCB agency as soon as possible following a layoff from a seasonal job and to follow through on the application process; failure to do so will void the application and one must start all over again.

There are certain matters that would disqualify seasonal, or other, employees from the receipt of UCB. First and foremost, one cannot receive benefits if he or she was fired for cause or if he or she just voluntarily quit the job. (Even here, issues of fact can arise and be considered. Was the discharge by the employer based not on employee misconduct but for ulterior reasons? Did the employee "quit" because the employer made conditions so hostile or dangerous that it was justified?) Second, the recipient of benefits must be ready and available for suitable and reasonably comparable employment. While states vary in their definition of "suitable work" generally a job is suitable if it is reasonably comparable to the past employment and consistent with the recipient's experience age, training and earnings.

A number of states restrict eligibility for seasonal workers in particular fields. Typically, employees who are teachers, summer camp employees or professional athletes cannot receive UCB during their "off seasons". Other states put restrictions based on the length of the "season" itself. For the most part, however, this is a possible resource that should be considered by any worker in a seasonal job that leaves him or her without income.

The important point to remember is that this is a possible resource and benefit. One cannot receive benefits unless he or she applies for them.

This simple rule is often forgotten.