Can I collect unemployment if I was released from a temporary assignment in Georgia?
Back in April 2008 I got an assignment as a Customer Service rep from Staffing/ Temp agency. The staffing agency said the assignment was for 6 weeks, however the assignment turned into 10 months. They liked me!, but was on a hiring freeze. About 2 weeks ago the company I was working for changed my original job duties into a "new project". However with this new "new project" I did make some keying errors..these errors were brought to my attention via email and I immediately fixed them. ( nothing like a warning it was more like can you fix and close these out properly) I had only been in this new role for 2 weeks and on Sunday my temp agency called me and said my assignment had ended and there was no need to report to the company on Monday. The temp agency said that the company had a stronger candidate in mind due to my performance issues. I admit I did make some errors ONLY within those 2 weeks out of the 10 months. The temp agency told me that they are willing to put me on another assignment again if one becomes available because they have had no prior problems with me and I have never been an issue. The temp agency told me 9/10 I will be able to get unemployment because it wasn't "will-full misconduct" and I didn't break any rules or had any attendance issues, I abided by all the rules set my my agency and the company I was assigned to. But Ive read other place where people have been denied for performance issues, but won an appeal..Is there a good chance I will get unemployment benefits due to fact it was through a temp/ staffing agency??
People are often denied unemployment on performance issues. I personally think the
states rely on what the claimant does or does not say when filling out their unemployment application in making their decisions. I've heard, although I cannot substantiate at this time, that the federal government places mandates on the states as to how many awards and denials should initially be given for certain things.
Performance issues that an employer is able to sustain on appeal involve proving the "willful misconduct", by showing negligence, carelessness, or simple refusal to complete tasks to the best of the worker's ability. The employer needs to show the performance issue was intentional and within the control of the employee.
In your situation you job duties had been changed, therefore I do not see a problem with your being able to show that you were discharged for inability (according to the employer) versus misconduct.
Performance issues generally fall under a progressive discipline policy, so even a verbal warning is usually not considered enough opportunity for an employee to correct their performance. If a temp agency felt like pursuing this or any discharge...they need help from their client in most cases because the finaL incident occurred with the client.
Temp employees are the employees of the temp agency and the one thing most temp worker need to be aware of most is that they can't be shown to have voluntarily quit by not reporting to the agency for further assignments. Many states have a provision that allows an agency to show a separation as a voluntary quit even if an assignment was ended.
I think there are a lot of people out there who don't even file for unemployment when they have been fired for performance issues...and that's a shame because when someone is fired for inability to perform (if they have tried their best) it's one of the easiest determinations to get reversed on appeal.
Remember this....I did the job to the best of my ability.