Is it necessary for seasonal workers to stop their unemployment benefits? The Indiana state has recently adopted legislation that excludes seasonal workers from collecting unemployment benefits when they are released at the end of the season. See Indiana Code 22-4-3-5. Section
In addition to the political and economic issues surrounding the new legislative changes, this article discusses new statutes, has practical implications and addresses the problematic Indiana Code 22-4-3-5 essentially stipulates that the employee does not unemployed (and therefore not eligible for unemployment benefits) at any time when the Ministry of Labor determines that a worker has not received compensation from the employer during that week or a written contract between the contracting parties or the employer's usual holiday politics and practice.
One exception to this rule is that a worker is entitled to unemployment benefit if the employee has no reasonable assurance from the employer that he will be employed at the beginning of the following season.
For example, if the employer dismisses the employee and tells the employee that there is no guarantee that work will be available next spring and that the employee has to reapply any work against the employer, it is arguable that the employee is unemployed is entitled to benefits because there is no adequate safeguard for continuous employment.
If, however, the employer stops the seasonal worker and tells the employee that he will be recalled in the spring if he has a job and the employer is involved in the same practice over the last few years, the seasonal worker will probably not be entitled to unemployment benefits , because there is sufficient certainty of continuous employment
This new approach contradicts the past law. According to the Fort Wayne Community School 428 NE2d 1379, 1383-1384 (1981), the court found that the worker was "most hoping for re-employment … [and]
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