Berland v. Employment Security Department

Andersen, J. *

Facts of Case

At issue in this case is whether RCW 50.44.050, the statute declaring substitute teachers with assurance of reemployment ineligible for unemployment compensation benefits during holiday periods, is unconstitutional. This issue arises in the context of a substitute teacher who collected $138 in unemployment compensation benefits for a Christmas vacation period contrary to law. He was ordered to repay it and appeals.

Sidney Berland, the plaintiff herein, was employed as a substitute teacher in the Seattle public schools during the 1981-82 academic year. In June 1982…