Emery v. Boise State University

32 P.3d 1112, 136 Idaho 312, 2001 Ida. LEXIS 100
CourtIdaho Supreme Court
DecidedAugust 31, 2001
DocketNo. 26034
StatusPublished

This text of 32 P.3d 1112 (Emery v. Boise State University) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emery v. Boise State University, 32 P.3d 1112, 136 Idaho 312, 2001 Ida. LEXIS 100 (Idaho 2001).

Opinion

SUBSTITUTE OPINION THE COURT’S PRIOR OPINION DATED MARCH 6, 2001 IS HEREBY WITHDRAWN.

TROUT, Chief Justice.

Linda S. Emery (“Emery”) appeals the decision of the Industrial Commission holding her ineligible for unemployment insurance benefits.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Emery is a part-time temporary instructor of English at Boise State University (“BSU”). For the last couple of years Emery has taught up to three courses per semester at BSU’s Canyon County campus. Emery receives a contract for each course she teaches, which is often signed on or near the first day of class. BSU announces its course offerings several months in advance and informs the instructor that the instructor is approved to teach if the course has sufficient enrollment, but until fees are paid and the class size is certain, BSU does not know whether an announced course will actually be held.

[313]*313In the spring of 1999, BSU notified Emery in writing that she was approved to teach three courses which had been announced for the fall session. Emery also inquired about employment during the summer session but was told she would not be needed. Ultimately, Emery did teach one course from June 7 through July 30, 1999. Emery filed a claim for unemployment benefits with respondent Department of Labor (“Department”) on May 24, 1999. Her statement indicated she was a college instructor who had been laid off due to lack of work. Emery filed the claim to cover the weeks of lag time between the end of the spring semester and summer session. Emery also expected to reopen her claim at the end of the summer session in order to receive benefits between the summer and fall sessions. In response, BSU filed with the Department an Employer’s Statement explaining that claimant Emery worked on a semester-to-semester basis and had a reasonable assurance of being rehired the following semester.

A Department claims examiner issued an eligibility determination of the claim and found Emery was between school terms and was therefore ineligible for benefits. Emery appealed. After conducting a telephone hearing, an appeals examiner affirmed in part and reversed in part the eligibility determination of the claims examiner. The determination was reversed on the ground that Emery did not have a reasonable assurance that she would continue teaching during the 1999 summer session, and affirmed the determination that Emery did have a reasonable assurance she would teach during the 1999 fall semester. Therefore, Emery was found eligible for unemployment insurance benefits from the end of the 1999 spring semester until the beginning of the 1999 summer session, and ineligible for unemployment insurance benefits from the end of the 1999 summer session until the beginning of the 1999 fall semester.

Emery filed an appeal to the Industrial Commission. The Commission reversed in part and affirmed in part the decision of the appeals examiner. The Industrial Commission held that Emery, as a part-time, temporary instructor for BSU, had a reasonable assurance of continued employment for the fall semester and was, therefore, ineligible for unemployment insurance benefits during the vacation period between the end of the 1999 spring semester and the beginning of the 1999 fall semester. The Commission reversed the appeals examiner’s decision that Emery was eligible for unemployment insurance benefits from the end of the spring semester until the beginning of the summer session.

Emery filed a timely Motion for Reconsideration which the Commission denied, stating that its Decision and Order correctly determined Emery had a reasonable assurance of work for the 1999 fall semester and was therefore ineligible for unemployment insurance benefits during the customary summer vacation period between the end of the 1999 spring semester and the beginning of the 1999 fall semester. Emery filed a timely appeal to this Court.

II.

STANDARD OF REVIEW

In appeals from the Industrial Commission, this Court is limited to reviewing questions of law. Idaho Const. art. V, § 9; Folks v. Moscow Sch. Dist. No. 281, 129 Idaho 833, 836, 933 P.2d 642, 645(1997) (citations omitted). This Court will not disturb the Commission’s findings of fact so long as they are supported in the record by substantial and competent evidence. Id.; Folks, 129 Idaho at 836, 933 P.2d at 645. We have defined substantial and competent evidence as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Folks, 129 Idaho at 836, 933 P.2d at 645.

The question of whether an employee has met the statutory eligibility requirements for unemployment compensation is a question of fact for the Industrial Commission; therefore, we will uphold the Commission’s determination on this issue if supported by substantial and competent evidence. Laundry v. Franciscan Health Care Center, 125 Idaho 279, 869 P.2d 1374, 1376 (1994) (citing Burnside v. Gate City Steel Corp., 112 Idaho 1040, 1042, 739 P.2d 339, 341 (1987)).

[314]*314III.

DISCUSSION

Although Emery argues federal and state legislation denying unemployment compensation for instructional employees between academic terms or years and during established or customary vacation periods is not meant to include part-time, temporary instructors and asserts she did not have a “bona fide contract” because her contract is tentative, these claims present a single issue for this Court to review on appeal. That issue is whether there is substantial and competent evidence to support the Commission’s determination that Emery had a reasonable assurance of employment rendering her ineligible for unemployment insurance benefits.

The statutory language governing academic employees under the employment security law includes I.C. § 72-1366(17)(a), (b) and (c). Idaho Code § 72-1366(17)(a) specifically provides:

Benefits based on wages earned for services performed in an instructional, research, or principal administrative capacity for an educational institution shall not be paid for any week of unemployment commencing during the period between two (2) successive academic years, or during a similar period between two (2) terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual’s contract, to any individual who performs such services in the first academic year (or term) and has a contract to perform services in any such capacity for any educational institution in the second academic year or term, or has been given reasonable assurance that such a contract will be offered.

This language is unambiguous and broadly covers any person who applies for benefits based on “wages earned for services performed in an instructional ... capacity for an educational institution.” Id, Idaho Code § 72-1366

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Related

Laundry v. Franciscan Health Care Center
869 P.2d 1374 (Idaho Supreme Court, 1994)
Burnside v. Gate City Steel Corp.
739 P.2d 339 (Idaho Supreme Court, 1987)
Folks v. Moscow School District No. 281
933 P.2d 642 (Idaho Supreme Court, 1997)

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Bluebook (online)
32 P.3d 1112, 136 Idaho 312, 2001 Ida. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emery-v-boise-state-university-idaho-2001.