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Fired From a Temporary Assignment for Misconduct, But Not the Temp Staffing Agency

by Anonymous

Hi, I applied for unemployment 2 weeks ago to reopen a claim because I got a job through a

temp agency. But I was discharged from the temp assignment due to attendance, but not discharged from temp agency.

I was approved May 1 2017 because it was my first call in day. But I also got a letter stating I now have to do a phone interview about being discharged.

When I filed I selected laid off in drop down box, because there was no choice for being let go from an assignment but not the temp agency itself.

In the letter to the state it says I was discharged from the agency due to misconduct, which is not true. I emailed my recruiter to ask her about it, she confirmed I was not fired from the temp agency, just that assignment.

I was let go from the assignment due to attendance, but I was sent home early for being sick and then admitted to hospital the same day, and that is what caused me to miss days at work. I returned to work under doctors orders and was made aware that my assignment was ending due to attendance, which I completely understand due to the fact of probation, but being off was beyond my control.

I have all my doctors papers. I also have emails between me and recruiter, with me letting the recruiter know I used call off line appropriately, so my question is will they approve me for unemployment ?

I live in Illinois

When Fired for Misconduct on a Temp Work Assignment

Hi, I hope you are able to find this Diamond. I made a question out of the comment you added because it just made more sense for other temp employees who might only read title links.

Because you live in Illinois, a state that regularly sends out a "reconsideration request" with all initial non-monetary claim determinations, I suspect it would of been the Temp Agency (your actual employer) who responded to the initial determination allowing benefits, that you were fired from an assignment they had sent you out to fulfill, the discharge from that assignment was due to .. and here might be the kicker .. the temp staffing agency's attendance policy, or the client's.

So, given the circumstances (being
admitted to the hospital) were beyond your control with regard to attendance at work, the question remains if you called the client, or the temp agency to inform them you would not be able to come to work on the subsequent days you missed, due to being in the hospital.

Medical documentation to support your non-attendance was beyond your control is a good thing to fax to the interviewer, however, it's not hard to imagine any state might find you disqualified, if it is suggested to the state you failed to adhere to the policy regarding calling off.

A reconsideration is basically the same as a request for re-determination. In Illinois it's g just part of the general process one must go to .. to wait on the re-determination and then that is appealed for a tribunal hearing.

I hope you and anyone else working for a staffing agency checks out the chart about voluntary quit provisions in states. These provision are exclusive to temporary employees.

Although the non-monetary eligibility charts didn't show Illinois as being a state with a temp worker provision .. it's not impossible to find UI decisions that interpret circumstances that make it sound like the state has one.

Choosing the laid off option might be a problem.

But, that you told me you did choose laid off, I'm hoping that suggests you had a conversation with the temp agency after your release from the hospital, or when your doctor finally released you back to being able and available to work and you called to let the temp agency know that, but they told you they had no work.

And not to be a nag ... but Illinois does have a decent unemployment decision digest. You can dig into it if you need more understanding. I've linked to it on the laws and resource page.

I'm confident you can find something to suffice as a legitimate basis to use when you rebut why the discharge by the client company, for attendance wouldn't fly .. unless be proven by the temp agency you were capable of reasonably following any/all call off procedures as documented in the temp agency employee handbook .. which often, aren't really up to snuff, if one wants details about policy and terms and conditions of employment.

Chris - Unemployment Tips

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