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Section 8-909 in Maryland's Labor and Employment Article of the Annotated Code

Discussion in 'Unemployment Insurance & Benefits' started by LDElliott, Oct 26, 2021.

  1. LDElliott

    LDElliott Law Topic Starter New Member

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    Jurisdiction:
    Maryland
    Due to the Covid pandemic, my employer, a private arts college, closed during the last week of December 2020 in order to make it easier for full-time staff members to take a forced week of unpaid leave of absence. The college is normally open that week. MD Unemployment decided I am ineligible because we were between terms and I had reasonable assurance of being able to return to work in the next term. Yet, I am a full-time 12-month staff member who normally works that week. Because of having to take that week of unpaid leave, my annual salary was reduced. Is this decision correct, or am I incorrectly being treated as a faculty member?
     
  2. army judge

    army judge Super Moderator

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    If I said the decision is incorrect, do you think the state would change their position?

    There are only two ways to change the ruling.

    You can appeal the adverse ruling, following the guidelines laid out on the agency's website.

    You could hire a Maryland attorney to litigate the matter for you in the court system.

    You appear to have waited too long to appeal the adverse ruling.

    The agency lays it out for you as follows:


    Under Maryland Unemployment Insurance a claimant or employer normally has 15 days after the date of the mailing of a benefit determination to file a timely appeal.

    Code of Maryland Regulations provides that the period for filing an appeal from the Claims Specialist's determination may be extended by the Hearing Examiner for good cause shown.

    Due to the high claim volume caused by the COVID-19 pandemic, untimely filing of an appeal may result.

    Such appeals will be reviewed on a case by case basis.


    You can the research appeals process using the unemployment agency's website:

    Unemployment Insurance Appeals - Maryland Department of Labor, Licensing and Regulation
     
  3. LDElliott

    LDElliott Law Topic Starter New Member

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    Thanks for your reply, but you incorrectly assume I waited too long to appeal. I still have time to do so. I was just trying to get advice from the legal position before I enter my appeal. I am very aware of how to go about the process. Thanks again.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Your post provides no information that might allow anyone to answer this question intelligently.

    Section 8-909(c)(1) of the Maryland Unemployment Code says the following:

    "With respect to services performed for an educational institution in any capacity other than instructional, research, or principal administrative, benefits may not be paid on the basis of the services for any week of unemployment that begins during a period between 2 successive academic years or terms."

    And sub-section (c)(2) says that it applies to any individual who "has a reasonable assurance that the individual will perform the services in the second of the 2 successive academic years or terms."

    So...are you employed in an instructional, research or principal administrative capacity?
     
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  5. army judge

    army judge Super Moderator

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    The appeals process of a bureaucratic agency has little to do with our laws.

    An appeals process falls under the agency's and the state's administrative laws and fiats.

    I suggest you familiarize yourself with the process.

    For instance, behave THERE as you have HERE, you might dislike the bitter fruit your efforts yield.
     
  6. Zigner

    Zigner Well-Known Member

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    Then see an attorney.
     
  7. LDElliott

    LDElliott Law Topic Starter New Member

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    I can’t believe the disrespect I just received from the both of you for asking a mere question on here. If you needed more detail because you’re unable to answer intelligently and without rudeness, you could have politely asked for it. Hopefully, I’ll get better treatment elsewhere.
     
  8. army judge

    army judge Super Moderator

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    I'm sure you will.

    Have a very nice life, Goodbye.
     
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  9. Zigner

    Zigner Well-Known Member

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    I am truly puzzled about how you came to the conclusion that anyone was rude to you. Please ask your attorney to treat you with kid gloves.
     
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  10. adjusterjack

    adjusterjack Super Moderator

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    I'm not puzzled. It was the typical shoot-the-messenger comment from somebody who didn't get patted on the head and told he had the perfect case.
     
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