Wednesday, May 24, 2006
Students who attend school full time but on working adult schedules may claim unemployment compensation even though § 48-628(7)RRS Neb. disqualifies full time students Lecuona v. Cramer, 14 Neb. App. 770 Filed May 23, 2006. No. A-05-822. Unemployment claimant enrolled for full time courses at Bellevue University that held classes on Saturdays. The Department of Labor denied unemployment comp because the claimant was enrolled full time. The Court of Appeals disagrees and rules that the full time student disqualification applies to workers who are attending classes during regular working hours. In this case, Cramer attended classes only on Saturdays from 8 a.m. to 12 p.m. We find that unlike a more traditional course of study, wherein students registered for 12 or more credit hours attend classes held throughout the week during the day, Cramer's particular educational program allowed her to be "available for work." In fact, the Bellevue catalog states that the accelerated programs are offered to "working adult students," and the fact that classes are held on Saturday mornings certainly seems to accommodate a full-time job. Cramer herself testified that she was seeking full-time employment and that she was willing to work full time. Cramer would not have had to place restrictions on her job search because of her status as a student. Nor did Cramer's work appear to be subordinate to and geared around her enrollment in the accelerated program. Cramer would have been able to work a full-time job with her school commitments.
Posted by stan_sipple at 2:40 PM