Section 172-14-2 - Written reasonable assuranceIn the absence of a contract described in Section 3 below, reasonable assurance must be in writing and must have all of the following:
1. No contingencies within the employer's control. Enrollment, funding, and seniority are not considered to be within the employer's control. Decisions as to allocation of funding are considered to be within the employer's control;2. Totality of the circumstances must show it is highly probable a job is available in the next term or year;3. Highly probable that any contingencies will be met based on prior history;4. A genuine written offer from an individual with actual authority to offer employment;5. Employment in the same capacity as defined in the definitions; and6. Pay and benefits in the following year are not considerably less when compared to the prior year. If pay and benefits for the following year or term are less than 90% of pay and benefits for the current year, the Department will presume that the requirement for reasonable assurance has not been met. When making determinations involving a written reasonable assurance, the bureau shall take into consideration the claimant's prior employment history and pattern of employment.12-172 C.M.R. ch. 14, § 2