Re: Benefit Amount Dispute
According to the exclusion in Section 102(4)(C) paragraph 1, you aren't a seasonal employee.
the definition of a seasonal worker on the maine.gov site supports my claim that i am not a seasonal worker by definition itself ..I work well more than 26 weeks a year
Then you ain't seeing the exclusions in Section 102(4)(C) Paragraph 1
I only see it saying if you work 26 weeks or later in the forest harvesting profession that you are considered seasonal .
Section 102(4)(C) (seasonal employees)
This Section applies exclusively to “seasonal employees”.
“Notwithstanding paragraphs A and B, the average weekly wage of a seasonal worker is determined by dividing the employee's total wages, earnings or salary for the prior calendar year by 52.
(1) For the purposes of this paragraph, the term "seasonal worker" does not include any employee who is customarily employed, full time or part time, for more than 26 weeks in a calendar year. The employee need not be employed by the same employer during this period to fall within this exclusion.
(2) Notwithstanding subparagraph (1), the term "seasonal worker" includes, but is not limited to, any employee who is employed directly in agriculture or in the harvesting or initial hauling of forest products.”
It would help if you guys supplied sources for your statements, this is why these threads drag out endlessly.
A simple statement of fact along with the source can do a lot to end this problem.
I don't understand why I'm meeting such resistance to this request, it's a very simple principle.
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