OAR 471-030-0075
Contract or reasonable assurance defined

(1)

The following must be present before determining whether an individual has a contract or reasonable assurance:

(a)

There must be an offer of employment, which can be written, oral, or implied. The offer must be made by an individual with authority to offer employment.

(b)

The offer of employment during the ensuing academic year or term must be in the same or similar capacity as the service performed during the prior academic year or term. The term ‘same or similar capacity’ refers to the type of services provided: i.e., a ‘professional’ capacity as provided by ORS 657.167 (Amount and time period for payment of benefits to educational institution employees) or a ‘nonprofessional’ capacity as provided by ORS 657.221 (Ineligibility for benefits of certain educational institution employees).

(c)

The economic conditions of the offer may not be considerably less in the following academic year, term or remainder of a term than the employment in the first year or term. The term ‘considerably less’ means the employee will not earn at least 90% of the amount, excluding employer paid benefits, than the employee earned in the first academic year or term, or in a corresponding term if the employee does not regularly work successive terms (i.e. the employee works spring term each year).

(2)

An individual has a contract to perform services during the ensuing academic year, term, or remainder of a term when there is an enforceable, non-contingent agreement that provides for compensation for an entire academic year or on an annual basis.

(3)

An individual has reasonable assurance to perform services during the ensuing academic year, term, or remainder of a term when:

(a)

The agreement contains no contingencies within the employer’s control. Contingencies within the employer’s control include, but are not limited to, the following:

(A)

Course Programming;

(B)

Decisions on how to allocate available funding;

(C)

Final course offerings;

(D)

Program changes;

(E)

Facility availability; and

(F)

Offers that allow an employer to retract at their discretion.

(b)

The totality of circumstances shows it is highly probable there is a job available for the individual in the following academic year or term. Factors to determine the totality of the circumstances include, but are not limited to:

(A)

Funding, including appropriations;

(B)

Enrollment;

(C)

The nature of the course (required or options, taught regularly or sporadically);

(D)

The employee’s seniority;

(E)

Budgeting and assignment practices of the school;

(F)

The number of offers made in relation to the number of potential teaching assignments; and

(G)

The period of student registration.

(c)

It is highly probable any contingencies not within the employer’s control in the offer of employment will be met.

(4)

An individual who voluntarily leaves work for good cause, as defined under OAR 471-030-0038 (Work Separations, Job Referrals and Job Refusals), does not have reasonable assurance with the employer from whom the person left work.

Source: Rule 471-030-0075 — Contract or reasonable assurance defined, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=471-030-0075.

471–030–0005
Week Defined 471–030–0010
Assignment of Wages 471–030–0012
Standard Base Year Defined 471–030–0015
Social Security Account Number 471–030–0017
Defining and Allocating Remuneration, Holidays, and Vacations 471–030–0020
Retirement Pay, Allocation of Periodic and Lump Sum Payments 471–030–0021
Allocation of Wages 471–030–0022
“Full-Time Work” Defined 471–030–0023
Incapable of Work for the Purpose of Extending the Base Year 471–030–0025
Claimant’s Responsibilities 471–030–0034
Reemployment Service Assistance and Eligibility 471–030–0035
Work Registration 471–030–0036
Eligibility Factors 471–030–0037
Prevailing Rate of Pay 471–030–0038
Work Separations, Job Referrals and Job Refusals 471–030–0039
Administrative Decisions 471–030–0040
Initial, Additional, and Reopened Claims 471–030–0042
Good Prospects 471–030–0043
Customary Occupation 471–030–0044
Systematic and Sustained Search for Work 471–030–0045
Continued Claims 471–030–0046
Non-Cash Remuneration Applicable to Benefit Claims 471–030–0048
Amended Monetary Determinations 471–030–0049
Lost, Stolen or Destroyed Benefit Checks 471–030–0050
Benefit Payments 471–030–0051
Cancellation of Overpayments, Tolerance Policy 471–030–0052
Misrepresentation Disqualification 471–030–0053
Waiving Recovery of Overpayments 471–030–0054
Theft Cases 471–030–0055
Continuous Jurisdiction 471–030–0056
Investigatory Subpoenas 471–030–0057
Payment of Benefits Due a Deceased Person 471–030–0058
Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program 471–030–0060
Procedure for Payment of Benefits for Partial Unemployment 471–030–0065
Discretionary Filing Procedures 471–030–0071
Benefit eligibility during a declared emergency 471–030–0074
School Employees 471–030–0075
Contract or reasonable assurance defined 471–030–0076
Benefits for Athletes 471–030–0077
Benefits for Aliens 471–030–0079
Shared Work Plans and Benefits 471–030–0080
Career and Technical Training 471–030–0081
Relief of Charges to Employers 471–030–0082
Charge Relief for Part-Time Work 471–030–0083
Employer Penalties 471–030–0090
Shared Work Plans and Benefits 471–030–0095
Claim Cancellations 471–030–0097
Labor Disputes 471–030–0100
Maximum Benefit Amount 471–030–0120
Jury Duty 471–030–0125
Drug, Cannabis, and Alcohol Adjudication Policy 471–030–0126
Absence Due to Alcohol, Cannabis, or Drug Use 471–030–0150
Domestic Violence 471–030–0174
Child Support Intercept Appeals 471–030–0210
Interstate Reciprocal Overpayment Recovery Arrangement 471–030–0215
Union Referral List 471–030–0220
Economically Distressed Worker Training 471–030–0225
Extended Benefits Look Back 471–030–0235
Self-employment Assistance Program
Last Updated

Jun. 8, 2021

Rule 471-030-0075’s source at or​.us