I worked for a Temp Agency and they are fighting my unemployment benefits.

by Heidi
(Chicago, IL USA)

Hi, I was working through a temp agency for 2 months and on a Thursday they called me 10 minutes after I got off work and told the "assignment was ended". The next day they called and left me a message and I called them back within 15 minutes and they said they had a position for me, but had already called someone else and filled it. I filed for umemployment and the temp agency is fighting it stating that I did not "check in properly". I called the temp agency and they said that I was to call within 48 hours of stopping my job and I was to check in every Monday and said that now it is every Monday from 9 to 12. They did not tell me this when I hired with them that if I was laid off I had to call within 48 hours and that I had to call every Monday and check in. They told me when they called to tell me the assignment was over that they would keep me in mind for any other positions that opened up and they would call if something came open. Will I be denied unemployment because of this? I think this is kind of a sneaky thing for them to do. I am suppose to have an interview with a representative from the unemployment office. Please help.


Hi Heidi,

I changed the title to more accurately reflect what you are asking.


Temp agencies rarely "tell" you that you have to call them within 48 hours .. but I'll bet you that when you signed on .. one of those forms you put your signature on tells you that.

But, I am not aware nor could I find an Illinois "temporary worker provision" other than an act which protect day laborers.

So, what are your options?

Tell it just like you told me. Unlike a state that does have a temporary worker provision .. which finds that if you don't call within 48 hours for another assignment you will be considered to have "voluntarily quit .. Illinois doesn't seem to control this issue by statute.

And in fact, you did call them back for an assignment and they did tell you that they would keep you in mind for further assignments.

Sneaky? Temp agencies are very sneaky and notorious for fighting UI claims .. it's the nature of their biz that causes them to have an abundance of "lack of work" claims and therefore, a high unemployment tax rate .. so they fight everything with all kinds of "issues".

But you'll have to let us all know what Illinois decides, because they only have a couple precedents in their digest of decisions which can be found in the Illinois Unemployment Insurance Law Handbook and none seemed relevant to your situation.