Can I collect unemployment if I was released from a temporary assignment in Georgia?

by Jazmine
(GA)

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??


Hi Jazmine,

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.

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Apr 01, 2009
My employer said they didn't protest .. great new .. right?
by: Jazmine

Update: I just got off the phone with my employer (temp agency)
and they said they did not dispute, contest, or fight the claim from the Department of labor! Great right?
Does this automatically mean I will receive my unemployment?


Hi Jazmine,
It's great news as long as you don't say anything that could allow the state to disqualify you .. like if they ask or asked you if you contacted the temp agency for further assignments and you said no.

I'm including this information so if anyone else reads this they understand that most states have special provisions for temp workers.

Even if a temp agency's client decides to get rid of you ... you could technically be disqualified for voluntarily quitting the temp agency without cause if you don't contact them for another assignment. Just something I think everyone should be aware of.

Thanks Jazmine. I appreciate you coming back to update us.

Chris

Apr 02, 2009
Can I collect unemployment if I was released from a temporary assignment in Georgia?
by: jazmine

I have contacted the temp agency and I haven't been fired from the agency they just dont have any assignments fit for my qualifications. And I did ask if there where any assignments.

So again If the agency did not fight the the unemployment claim does this automatically mean I will get my benefits ?????


Jazmine,

If the temp agency still considers you an employee and the reason you're not working right now is because they do not have any work for you .. it is a lack of work and you should not be denied unemployment because of any nonmonetary issue.

Nov 09, 2009
Unemployment
by: Char

That is if you can even get unemployment from a temp agency in your state. Check out the law on that. Otherwise, unless your performance issue was known by you (meaning a signed document), then don't worry about it. You will be able to get it, just don't tell them it was performance. Let them prove it.


Hi Char,

Sounds like someone has had a bad experience with trying to get unemployment after working for a temp agency.

A temp agency is just another employer with one possible significant additional factor .. Some states have additional provisions about contacting a temp agency for more work or it becomes a voluntary quit .. irregardless of why an assignment ended. Oh, and they are notorious for protesting that you refused "suitable work".

Other than that, it comes down to the same issues as every other job separation ...

Did you quit with or without good cause.

Were you discharged for misconduct or weren't you.

And do you have anything at all to offer to prove or disprove the element needed to sustain a determination.

Chris


Dec 28, 2009
I am going through my second appeal
by: Anonymous

In my situation I was on a temp assignment for 4 months it ended and I applied for unemployment i recieved two checks then i recieved a letter stating that the temp service was denying me because i was still hired and I called in available for work even after i got the unemployment they still did not have any work for me. So I filed an appeal and I won but the temp service is still disagreeing so I have to go through another appeal and this has been going on since 07//09 it's now almost January but the initial reason was for misconduct once i won that one they said it was a voluntary quit because technically i am still hired with the temp service even though they don't have any work for me I just don't know what to do.


Hi,

I don't think is there much you can do, but sit tight. If you won the first appeal .. that makes this appeal the employer's appeal to the board.

Funny thing is .. I would want to know what they said at the first appeal hearing to know anything about the viability of the second appeal.

If you were addressing an issue of misconduct .. the burden would have rested with the employer to show that that was the reason you were no longer employed or not receiving assignments .. I'll be curious as to how their second appeal saying you quit works out for them, given that you have sought another assignment from them.

If I knew the details as to what the testimony at the hearing consisted of I'd talk more about temporary staffing agencies and why anyone who works for one has additional problems to contend with .. when a job ends.

Dec 21, 2011
do i qualify for Unemployment from temp agency
by: martin

I was release from a assignment. Today because of downsizing and work being slow so would this mean I qualify I only been there for 6 months n if they didn't have no assignment s for me





This thread is about working for a temp agency. And the special provisions which keep even those that might of been "laid off" due to a lack of work from getting benefits.

Please read about temporary work and unemployment.

Oct 11, 2012
can i collect
by: Anonymous

I was working through a temp agency for 4 months. I was offered a full time position by the company, that i was working at. I signed the offer letter and was told i had seven days to get a drug test done. This was on a thur. I went the following fri and had my test done. As I was on my way home the company called me and said there retracting there offer because i didnt get the drug test done in time. Here there counting sat and sun the place that conducts the drug test is CLOSED on sat and sun. So actually they only gave me five days. Can i collect? pennsylvania man



Did you lose the temp position working for them as well? Have you asked the temp agency for another assignment if you did .. because here's the thing .. you were never the actual employee of the company that retracted the offer.

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