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Temp. worker through an agency and shut down days are not paid...

by Ilene
(Fremont, CA)

I started working at the company as a temp. over a year now. I just get paid for certain holidays within a year. Every year this company shuts down for the whole week during Thanksgiving week, and also from Christmas til New Year.

Am I eligible to collect unemployment benefits for these two weeks of shut down and certain unpaid holidays? If yes, can I go back and file for last year?

H Ilene,

Maybe, but don't forget .. you work for the temp agency so my guess is they would fight it if you don't ask them for another assignment to fill in those days off.

I sincerely doubt you can go back now and collect.

Additionally even if you were allowed unemployment .. you'd still have to serve a one week unpaid waiting week .. which means if you can get something it will only be for one week.

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Mar 08, 2010
temp agencies
by: Bob (Bay Area)

If you are working for a temp agency, you are the employee of that agency and not the company they placed. On two different occasions, while collecting unemployment in 20 years, temp agencies screwed me over. I will never work for a temp agency while collecting unemployment. The reason being, once they place you in a position forever how long, and that job ends, you reopen your claim and place the temp agency as your last employer. They will NOT send you out on long-term assignments. Usually what they do is end you out on 2-3 day assignments, just enough for you to makeover what you are collecting in unemployment. This has happened to me and several other people I know.

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