UI denied due to quitting a job, but the job had not even started yet!
I have been unemployed for 8 months, and have been receiving unemployment. Two months ago I was offered a temporary, full-time position, and accepted. The job was scheduled to start sometime in April or May but my supervisor asked that I have my safety training completed so it would be out of the way. I went to training for two days and was paid by a temp agency. I deducted the hours worked from my unemployment and received a reduced check as planned. 6 weeks ago my unemployment was denied due to 'quiting' my job. I called my case manager who sent it to appeals because the temp agency said I never called them to tell them I was done with the job. My supervisor for the company I will be working for was the one who told me only to go to safety training, then keep in contact with him and he would tell me when the job would start. The temp agency said I signed a paper stating that I would notify them when the job was over. But I notified the actual company supervisor instead, which I thought was who they meant. I did start the job finally yesterday, but have my appeal hearing tomorrow morning. Should I be worried that the temp agency will try to stop me from getting my back pay? My supervisor is aware of everything that has happened and is willing to be included in the hearing too.
Yup, you should be worried. You didn't let me know what state you're in, but I can take a wild stab and say that it is one of these states.
States Where Failure To Contact Employer Upon Completion Of Assignment Is Deemed VQ
AL R AZ R AR L
CO L DE L FL L
GA L HI I ID L, R
IN L IA L KS L
KY L LA I MA L
MI L MN L MO L
NE L NJ R NY I
ND L OK L PA
PR I RI L SC R
SD I TN I TX L
UT I VA I WV I
KEY: L = law , R = regulation, I = interpretation
You can see this table where I found it .. The DOLETA Non-monetary state law comparisons Table 5-3
What makes it possible is a "temporary worker provisions".
I'm certain, I've addressed this issue.
When one works for a temporary staffing agency .. you become the employee of the staffing agency .. not the client company of the staffing agency.
Benefits are controlled by the "separation from any subsequent work" after a claim is initially filed. Remember .. in order to keep getting benefits every week, we have to file a continued claim for benefits for each week we claim we need benefits.
Can you imagine what must go on behind the political scene to get legislators to add provisions like this? At least there aren't any lobbyist out of work.
It sucks, but considering that temp agencies seem to have most of the jobs nowadays .. it's a relative and timely issue.
The employer should have submitted this document you signed .. to sustain their burden.
I don't believe your hearing will go well tomorrow, but attend anyway, because this temp assignment will end and you'll know better then what you have to do .. in order to put the hammer down on any further protests they have because when you can document that you did contact them after an assignment ends .. and they have no more "suitable work" for you .. it's a lack of work.
Of course they will protest that they offered you suitable work even if it's at the minimum wage .. so find out what "suitable work" is considered to be in your state .. because states also have provisions that change the scope of what it is after a certain length of being unemployed.
I know .. I'm anal about this stuff, but you have to be able to protect your unemployment benefits.