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How can i win my case against a temporary staffing agency?

by lisa
(Texas)

i was laid off of a job by a temp agency and filed unemployment ben. and was granted, then it was overturned because the employer said i quit. i was to pay back $ and disqualified for benefits, i appealed and won my case due to the no show of the employer.

My case was overturned and i received benefits then the benefits ran out and I had to file a new claim.

I did file again and was denied benefits due to the employer stating again that i quit. this is the same employer that i beat on the last claim. once again i appealed and was denied! we had a hearing and this time the employer showed up.

I'm going to file another appeal because i no that i was laid off and their claiming i quit. how do i write an appeal and demand that they explain why they didnt use the results of the first ruling? help, please!

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Apr 05, 2016
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Faulty staffing agency
by: Anonymous

I went to a staffing agency for a specific job but they ended it months ago. Then I went to another agency they told me it was temp to hire then after 2 weeks my assignment ends. So now they're trying to place me in a low paying dead end job. I want to file unemployment or make a complaint because I know for a fact that this agency has generously gave better paying jobs. Is there any way I can get them in trouble?

Hi Anonymous,

You need to look at the UI law in your state for whatever might constitute "suitable work" and then determine if the job assignment being offered to you now by the temp agency is suitable, or not suitable and therefore leading you to conclude you probably have a valid argument to use at a hearing (if necessary) that the offer of work was for unsuitable work for you .. specifically.

Apr 11, 2015
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Thanks for the precise section of TX UI law for temporary employment
by: Chris

Thanks for that Bill. It could be helpful for those working temp jobs in Texas.

But please take note, the person that submitted the question .. "How can I win my case against a temporary staffing agency?" was asking about winning a board level appeal after a hearing where the temp employer did appear.

Unlike the previous claim and hearing when the person received benefits, probably because the temp agency was not present at the hearing, was denied on a new, but similar claim when the employer did appear.

This person did not offer ANY information relevant, or of interest, to the board of review, because when both parties are present for a hearing .. that is the time to be prepared to address the issue of quitting in terms that information you gave could help.

It's because the employer appeared for the first hearing this time, the object of appeal for a board of review is no longer the case facts, but how the hearing officer erred while conducting the hearing, a full fact finder, to arrive at an erroneous hearing decision.

Success of appealing now to a board, when the first hearing has already explored the facts, is contingent upon being able to identify to the board how the hearing officer erred either procedurally, or possibly when he/she ignored the importance of a reg, rule, or precedent, that may of very well resulted in a different conclusion of facts.

It may be a special provision about temp employment that gets people in the end, but if you want to go back in time and find the real culprit, it's often that employees don't know even the basics of why there are two levels of appealing within the administrative law agency and why they are expected at the time they claim benefits, to know, or learn how to make proper use of any appeal to win .. and because for me, this begins by knowing what the different level appeal authorities actually review .. that what I harp on.

Lower level appeal hearings are the first and last full fact finder you'll get unless you get a board of review to think you should get another first level hearing that is basically a do over, or another hearing to develop the record further.

Second level Boards review the record which has already been established at a lower level hearing.

As far as people being able to find and use UI laws rules, regs and precedents to their advantage, it can be a short steep learning curve for many.

Apr 11, 2015
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The Texas Handbook Says
by: Bill Getting Old

"Temporary Help Agency

If you last worked for a temporary help agency, that agency has three business days after your last assignment ends to offer a new assignment.

If you apply for benefits without seeking immediate reassignment or before three business days have passed, we cannot pay you benefits."

I contacted TWC and they say that if there is an active claim and within the active benefit year, one doesn't have to wait the 3 days. But I think it is prudent to do so. What's 3 days?

TWC gave me the actual citation. It is 207.045. It says....

"(h) A temporary employee of a temporary help firm is considered to have left the employee's last work voluntarily without good cause connected with the work if the temporary employee does not contact the temporary help firm for reassignment on completion of an assignment. A temporary employee is not considered to have left work voluntarily without good cause connected with the work under this subsection unless the temporary employee has been advised:
(1) that the temporary employee is obligated to contact the temporary help firm on completion of assignments; and
(2) that unemployment benefits may be denied if the temporary employee fails to do so.
(i) An assigned employee of a staff leasing services company is considered to have left the assigned employee's last work without good cause if the staff leasing services company demonstrates that:
(1) at the time the employee's assignment to a client company concluded, the staff leasing services company, or the client company acting on the staff leasing services company's behalf, gave written notice and written instructions to the assigned employee to contact the staff leasing services company for a new assignment; and
(2) the assigned employee did not contact the staff leasing services company regarding reassignment or continued employment; provided that the assigned employee may show that good cause existed for the assigned employee's failure to contact the staff leasing services company."
- See more at: http://codes.lp.findlaw.com/txstatutes/LA/4/A/207/C/207.045#sthash.RmbglkSW.dpuf

I usually try to establish in writing that employment ends with each assignment. Then I keep in touch with my handlers anyway. Heck - I want more work.

Aug 31, 2014
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Really? How to win your case?
by: Chris

I cannot explain to you here, how to win your case.

Truthfully, I don't even know IF you can win your case because the information you provided is incomplete and inadequate to even guess about stuff the would give me hints about any questions to ask you to get the ball rolling.

However, I've explained many time, the difference between a first level appeal and a board level appeal and the second type of appeal being based upon the hearing record.

You didn't beat the employer the first time around when they didn't show up to the hearing, you lucked out, because I know Texas has a special voluntary quit provision just for temp employees such as you and they aren't afraid of using and even abusing that provision which requires YOU to show you went back to the temp agency for another assignment after your last work assignment ends.

Now, if you want to be coached, or even figure out if someone can explain if/how to win your case, please think about requesting an initial free consultation to answer how you can win.

Tons of important details missing here to know what to tell you Lisa.

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