I was terminated from a temporary staffing agency last year. This firm knew that I was looking for more permanent employment in a more proximate geographic location to my home when I signed on to their assignment. I always called in when I was going to be absent, per their internal policy. After 6 months, with no prior verbal or written warning, they simply called and told me not to report. Here’s the kicker : They did not respond to the state when I applied for unemployment, so I was able to collect for a full year. I recently re-applied for unemployment and now they’ve suddenly responded, saying that I was fired and the state is telling me to pay it all back !
As recently as March of this year, this staffing agency sent my insurance company a form stating in no uncertain terms that I was “laid off” ; it was signed by the company accountant. I am appealing both determinations (the unemployment decision and the so-called overpayment ).
With my documentation, do I have a good case ?
They responded because now the wages they paid you are in your base period now that you have filed for a second benefit year.
Unfortunately, most states do not “Require” a response from an employer when they are the most recent work, but not in your base period.
In other words there must be a law that states the employer loses all protest rights for not responding to the first notice.
NH apparently, does not take away appeal rights if an employer does not respond to a notice of claim filed if they would be non-charged at the time.
If we think UI is complicated for us .. be glad you are not an employer.
Although the documentation you have is supportive of your position that you were laid off. The real problem is that it’s a temp agency that has told the state you were fired .. and the state agreed with them.
Temporary staffing agencies have high experience ratings .. so they fight everything.
If you win the non-monetary issue of why you were separated from your temp job .. the overpayment issue will basically disappear.
I guess I need to ask you what the employer told the state the reason for separation was. This is the issue you should concentrate on.
Whether your document sent to an insurance company is sufficient to prove you were laid off depends on what they have told the state was the reason for the separation and whether they can sustain that reason.
I would not put much faith in that document which could easily be seen as irrelevant .. or not carrying as much weight as one might wish .. to pin your case on.
It sounds as though they have told the state you were fired for attendance issues???
Although temp agencies don’t often write people up .. most normally keep records of the reason for a call-off. Whether I have guessed right with regard to the reason for termination this needs to be your focus.
The first place to start looking for evidence to prove you were not fired for misconduct is by using the employer’s policy .. or the employee handbook you were provided upon hire.
And don’t forget, you can subpoena relevant documents you know to exist, but are not in your possession.
Two more questions.
Did you have any subsequent assignments with this agency?
Did you refuse any subsequent assignments from this agency?