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If you take a temp job and they do not choose to hire you does your unemployment resume?

by sarah
(Houston)

My boyfriend recently found a temp job making less than he was at his job before being laid off but since this job is temp he wonders if he would be able to resume on unemployment if it does not work out...?







Hi Sarah,

Good question. Resuming unemployment benefits almost always requires another qualifying look at the last separation from work.

Whether you're looking for temp work in Dallas, New York, Boston, or anywhere else, a temp agency can be a great thing .. as long as you know that some states have temporary worker provisions which are designed to keep people from getting unemployment should an assignment end without resulting in permanent employment.

The resource every temp worker should use to get a baseline on temporary worker provisions is the determine this is Nonmonetary Chartbook at the USDOL

Temporary staffing agencies fight hard against unemployment claims.

Although temporary staffing agencies provide an invaluable service to both employers and job seekers, you as the employee, need to be vigilant and on guard in all phases of this type of employment to protect your rights should you need to continue collecting unemployment benefits because the temp agency becomes your most recent employment and that is what control the claim going forward.


You'll notice Texas does have a special provision for temp workers. So if your boyfriend is working for a temp agency .. he would be able to resume his unemployment benefits if he takes a look at the paperwork he signed when he first signed on and complies with the requirements of that form he signed and if the temp agency is not able to give him another suitable assignment.

There is also the risk of turning down an assignment and this provides another reason for the temp agency (employer) to protest that you refused suitable work. In states without the special provision that you contact them for another assignment .. this is the primary way they protest your claim.

If he wasn't working for a temp agency .. but directly for the company .. this entire lecture would not apply:)) except maybe for the refusal of work issue.

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