Can Michigan College Student Receive Unemployment

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.go...

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.

 

 

Kalamazoo web designers web design Kalamazoo

 

My lay view--if he qualifies for UC based on his work record he should qualify--on the rest of them time it matters not if he was a student or a stud.

 

If was paid as a departmental "webmaster" odds are he was an employee and this is not a form of student aid in the traditional work study context.

 

Besides post April he was not even a student.

 

Revisit the facts and file timely appeal or go to hearing whatever the next step is...

The letter from the unemployment agency has two reasons:

31. Wages cannot be used as they are either cancelled, not subject to the MES Act, or previously used 12. Benefits for this benefit year have been redetermined

Hugh Kallen:

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

I think that says it all.

But if you are going to respond that he wasn't "primarily" a student, what else was he doing besides going to school and working for the school?

I don't think there would be a distinction between part time student and full time student.

But he is free to appeal the decision and argue that at a higher level.

 

The MES seems to say that a person who is primarily a student is not eligible for UC---but I'm not sure what it means in your fact pattern--

 

I'd argue that someone who is in class 10 hours a week and works 25 hours a week for a real W-2 wage is NOT primarily a student.

Structure your facts carefully and file a timely appeal!

 

Taken to illogical extremes the Act might suggest a full time employee (35 hrs wk) at a major university who takes 2 courses that semester is  primarily a student  if laid off? Gimmie a break!

 

 

Other thoughts, perhaps from people who have a background in michigan unemployment rules?

Drew, a student who spends 10 hours per week in class can expect to spend 20-30 hours per week on homework, depending on the courses and the student's skills.  That's why 12 hours per week is considered "full-time". &nbs... Following this theory, a student who works 25 hours per week still spends more time being a student than working.

In most states (perhaps all), students are generally not eligible for unemployment.

I don't think to address the amount of time one spends on homework is either relevant or useful to OP's point of view. I know students who never crack a book or study outside of class and still pull off great grades at leading institutions--so why go there!

I also know folks who do a lot of extra work for job and its not counted either. So don't invent facts!

If I am signed up for 10 each 45 minutes courses per week  and I work 25 on the clock w-2 hours or equivalent salary I'd claim  I'm not primarily a student and I'd lay out my facts quite carefully. In fact I'd be of view that my required time in class needs to be 50%+ of time to be "primarily" a student--but before I even went there I'd look up the legal meaning of "primarily" in MI law distionary--I just gotta bet there is such a legal dictionary--I know there is a word and phrase dictionary for my state--used it several times.

 

If the relevant years to qualify for UC are 2009 and 2008 I'd NOT muddy the picture with 2007 data!

.

Makes sense - what is a good way to find out what the law is here, anyone know?

Google Michigan statutes.

Google MES

The law is pretty clear--if one is primarily a student you don't qualify for UC....but law is just beginning ---

1. You have a fact pattern that suggests primary activity  was as a worker and not as a student in the relevant base years to claim UC.  How you package and present facts really matters here.

2. There are high odds that status questions as to worker v student have come up before and knowledge of same and citation of same (if they lean your way of course) could be most helpful. Now I don't have free access to appropriate legal search engines---but if I walk 15 minutes to a leading college library as a student I could easily access same. I'm not sure if MI UC cases are in data base--but my guess is yes the newer ones are.