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What if the temp rate is below the 75% threshold for the benefit period

by Byrd

(Austin)

After 8 weeks, TWC says I should consider suitable employment at 75% of my previous base period salary. I probably would do that too.

But in the interim, I might take contract/temp. work that is even less than 75%. But I don’t want to do it all the time. And I will continue my contacts and continue to look for work. When that temp work expires, are you saying I have to continue to work at the sub-par wages or I have “quit”. I mean it is temp work. There is no promise of another assignment at any wages.

I can see that if I remained unemployed that the temp work could impact my benefit period calculation but that is another question.

Temp work is actually quite the same as having a permanent employer. Meaning the temp staffing agency is your employer, but the terms and conditions of your employment are to work temporary assignments as needed. When there is no next assignment to go to .. it would be a lack of work claim .. except for one thing .. temp agency’s avoid lack of work claims .. as if that’s what might make their unemployment tax rate go sky high and remain pegged out .. until they figure out a new way to accomplish SUTA dumping.

However, until then, who do you think offers unsuitable jobs, which people may, or may not accept? Does refusal of suitable and continuing work .. ring a bell with anyone?

And what if you do accept a low paying temp assignment as stop gap employment until something better comes along .. but then you see the futility and quit the temp assignment .. for whatever reason, and tell the unemployment department you quit, the low paying job so you could concentrate on a bona fide search for suitable work .. not less than the TX 75 percent of prior earning threshold?

Will the fact you accepted the low paying temp job and that you quit after you came to your senses now make it be deemed unsuitable work by the state when you tell them why you quit? Or, will they think that the fact you were willing to accept low paying temp job, clearly not within those bounds of suitable criteria you know (which can vary by state) suitable work by your own admission through willing acceptance?

Temporary work assignments as a permanent employee of a temp agency requires you to be on your toes and vigilant with regard to what is actually suitable work to and for you ..

If the pay is sub-par .. take it if you have to, but not without me making you aware of what you may be giving up. If it were me .. and I did refuse a low paying temp assgnmt. I’d also acquire some sort of proof to support I had good cause to refuse the assignment because I’m sure I would of also provided the temp agency with a pay range at time of application .. which would of been an appropriate percentage of my prior earnings .. or average pay for my skills, and/or education and job experiences.

This is likely going to be more important for the second, or third temp assignment as the first one is often something I think of as the snare.


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