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Unemployment for worker who is also a student? Michigan

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  • Unemployment for worker who is also a student? Michigan

    My son was hired by the local university to be a part time (possibly "temporary") no benefits employee, serving as webmaster for a large department.

    He was paid more than student wages, something like $13 per hour, 20-30 hours per week.

    After working this position for some time, he decided to take classes at this university. He enrolled full time and took classes in fall and winter. summer he had one class. Fall he was full time, winter he was part time and then he graduated.

    He had the same job working for the university 20-30 hours a week before, during and after he was taking classes. He graduated in april 09 and his position was eliminated in August 09.

    He applied for unemployment but was denied because the university says he was a college student and college student wages are not applicable to unemployment.

    Can anyone tell me whether my son could reasonably expect to receive unemployment in Michigan? I would like the answer before he invests the time to pursue an appeal.

    Thank you - more information below.

    The only thing I can find online is on the michgan.gov website:

    http://www.michigan.gov/uia/0,1607,7...8831--,00.html

    Which employees are covered by Unemployment Insurance?

    Most services performed by an employee for an employer are covered by unemployment insurance. Even if an employee is temporary or seasonal, or working during a probationary or training period, his or her services are probably covered by unemployment insurance. But employees who are covered by unemployment insurance will be entitled to unemployment benefits only if they earn enough wages, properly file a claim, and meet all other eligibility requirements.

    Certain services performed by employees, however, will not qualify them for unemployment benefits, because the services are not covered services.

    For example, services performed for a "for-profit" employer by a student as part of a program for academic credit, i.e., "co-op student," are not covered. Neither are services of high school students who are under 18 in the week they perform the service and who work restricted hours or during a school break following which they return to school.

    Also not covered are services performed by a student for his or her school, if the worker is "primarily a student" at the school.

    ......



    Here is his work hours vs school credit enrollment:

    calendar of employment and academic standing

    2007

    january - september
    work school
    part time - 20 none

    september - december
    work school
    part time - 20 full time - 15


    2008

    january - april
    work school
    part time - 20 full time - 14

    may - august
    work school
    part time - 20 part time - 4

    September - December
    work school
    part time - 20 part time - 11

    2009

    january - april
    work school
    part time - 20 part time - 10

    may - august
    work school
    part time - 30 none


    According to his transcript, he was a part time student for his entire senior year. In other words, he hasn't been a full time student since spring 2008.

    Anyone knowledgeable in Michigan unemployment laws and/or rulings?

    Or almost as good, where would I go to get this answer. Thanks!

  • #2
    For those of you who post only on this or maybe one other forum, we have beaten this question to death somewhere else.

    OP, you're going to find many of the same responders on all the major forums.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      I did post this on the lawyers.com forum a few days ago http://community.lawyers.com/forums/t/90759.aspx but since I did not get a useful answer I am trying here.

      Comment


      • #4
        I do not mean this as harshly as it may sound, but if you are expecting this or any other message board to give you a definite answer, your expectations are too high. The ONLY way to determine if he will receive unemployment is to apply, and to appeal if the decision goes against him. NO ONE on this or any other board can do more than guess, and it does not appear that you will be satisfied with guesses. ONLY the state can carve an answer in stone.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          There are laws and decisions out there that people who practice unemployment law in Michigan will be aware of. I am not asking for a definitive answer. I was however hoping that there would be people who could give me a knowledgeable answer, and help me accurately formulate the argument for his appeal.

          Comment


          • #6
            You might want to talk to a Mi. UI lawyer then.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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