When it comes to unemployment claims, not all employee separations are created equal. Certain separations fall into a category known as non-protestable separations. Non-protestable separations refer to situations where an employee’s termination is such that the employer cannot dispute the claim for unemployment benefits. These separations typically occur under specific circumstances where the employee’s right to benefits is clear-cut, and the employer’s grounds for contesting the claim are limited or non-existent.
An important note is the difference between seasonal employment and educational employment. Many employees, including educators, administrative staff, bus drivers, and other associated faculty and staff, are employed on a contractual basis or have seasonal employment arrangements tied to the academic calendar. However, there is a reasonable assurance their employment will resume in the same capacity once school resumes after breaks or recesses. Such assurance means that these individuals are not considered separated from employment during applicable breaks and, therefore, may be ineligible for unemployment benefits.
Although these separations are not protestable and claimants will generally be eligible for benefits based on separation reason, the individual will still need to otherwise qualify for benefits – including meeting monetary eligibility requirements, being able and available, and following all instructions laid out by their filing state.
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