ILNews

Professor entitled to unemployment benefits

Jennifer Nelson
January 1, 2008
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University professors who do not have their fixed-termed contracts renewed after the contract expires are entitled to unemployment benefits because their resulting unemployment isn't voluntary, ruled the Indiana Supreme Court Tuesday.

In Indiana State University v. William C. LaFief, et al., No. 93S02-0801-EX-17, William LaFief was hired by Indiana State University as an assistant professor for one academic year and was reappointed for the following year. After his second academic year at the university, LaFief was told by the school he would not be reappointed for a third year.

LaFief applied for unemployment benefits. An administrative law judge ruled he wasn't entitled to benefits because he wasn't "discharged" because his employment ended at the end of his contract term. The Indiana Department of Workforce Development Review Board reversed the ALJ's decision; the Indiana Court of Appeals reversed the Review Board and agreed with the ALJ that LaFief wasn't discharged and didn't qualify for unemployment.

A split Supreme Court agreed with the Review Board, ruling LaFief didn't become voluntarily unemployed at the expiration of his contract term. The point of an employment contract is to require the parties continue the employment during the contract's term, and being a contract employee doesn't waive the right to receive unemployment benefits. To hold otherwise would encourage employers to require these fixed-term employment contracts as a way to avoid unemployment compensation liability, wrote Chief Justice Randall T. Shepard.

"The fact that LaFief had warning that his employment could terminate upon the contract's expiration does not change the fact that at the end of the year he became unemployed. The termination of his employment was no more voluntary than the termination of employment of an employee at will, who is presumably on notice that his employment could terminate at any time," he wrote.

Writing for the majority, Chief Justice Shepard made a note that the ruling in this case doesn't alter the general rule that employees who contractually agree to mandatory vacation periods or temporary shutdowns - such as teachers - aren't eligible for unemployment benefits as long as they have reasonable assurance they will continue to be employed after the mandatory vacation or temporary shutdown period ends.

In a dissent - with which Justice Robert Rucker concurred - Justice Brent Dickson wrote he would reverse the Review Board's decision because LaFief had no employment or leave from which to be discharged. In entering a fixed-term contract, he voluntarily agreed that his employment would end at the conclusion of the academic year. LaFief wasn't discharged nor did he leave his job during the contract-term, so he wasn't eligible for unemployment benefits.

"The professor expressly contracted that his employment would expire at the end of its fixed term. He is thus responsible and accountable for his subsequent unemployment," Justice Dickson wrote.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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