Your Options If UC Illegally Threaten You With A Temporary Layoff

UC is trying a variety of illegal steps to implement their furloughs without bargaining. We believe that through our negotiations and legal challenges we will prevail eventually but you may be faced with a situation where you need to make a decision now. Here are some considerations that may inform your decision:

  1. Immediately contact your local UPTE activists so that we can both give you the latest advice and add your situation to those that we are challenging.

  2. If you are threatened with a temporary layoff if you do not take START (voluntary temporary reduction in time)

  3. If we win our legal challenges any wages and accruals you lose because of a temporary layoff will be restored.

  4. If you take the temporary layoff, UC will most likely make the layoff all in one month. This means your paycheck will be less for that month by the amount of days you are laid off but normal all other months.

  5. If you take a temporary layoff, you will not accrue vacation, sick leave or service credit for that time unless we win our legal challenge. This adds up to perhaps a day of vacation and sick and a week or two of service credit. If you take START, your accruals continue as if you were 100%.

  6. If you opt for START, your pay check will be reduced by whatever percent you take for START every month.

  7. If you opt for START, make sure that you indicate in writing that you are doing this under protest and because you have been threatened with a temporary layoff. Keep a copy of this written protest and provide it to UPTE. You are less likely to recoup your wages if you take START through our legal challenges but we will fight it nevertheless.

  8. If you are temporarily laid off for more than one week, you are eligible for unemployment benefits starting the second week. It is very important that you file for unemployment the very first day that you are laid off to ensure you receive your benefits. You can file on-line at: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

Remember: Contact an UPTE activist or steward to discuss your situation because every case has its own particular circumstances. Also, the facts keep changing very quickly and there may be more up to date information.

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