unemployment whoa’s

I am in this exact situation, but my issue is not the hours, but the health ins, and the abuse I take. There is no way to prove about the abuse. ANYWAY, what if she did something they don’t like, like call in too much, and they revoked the job offer?

What if what?

Word of advice .. don’t think of fringe benefits such as losing or not getting health insurance as something an employer is mandated to provide by law, or even being unreasonable to not offer .. or take away, therefore, fringe benefits are not a good thing to focus on.

But the abuse .. Proving it is often a matter of good documentation that proves you tried to stop it. And when the abuse also wasn’t within legal bounds prescribed by law .. there’s always a government agency to complain to settle your dispute and get the employer to fall back in line.

But the thing I notice most is people use words like abuse and illegal by assumption, but don’t even bother to describe the types of abuse to see if another reasonable person might think use of the work is a little over the top for describing “personality conflict”, or dead on for worthy of an official and documented complaint to an HR dept., or official government agency dealing with that special type of employee right abuse.

I don’t believe I did anything with this question “unemployment whoas” except to ask what state this person was dealing with.

The reason for the question was because I wanted to do a little research on the particular state’s statute about “suitable work” or “refusal of suitable work” and what might constitute good cause for refusing a job before I answered.

Although many states have special provisions which cause an “accidental voluntary quit” from a temp staffing agency .. staffing agencies are not exempt from all the other unemployment laws.

Additionally, I happen to know first hand that when I signed on with a temp agency, I filled out a form which “defined” where I was looking for work as a temp and if I was looking for temp work only or if I wanted to be considered for temp to hire positions as well.

So, if we look at all the comments, we have a bunch of hypothetical discussion, but we don’t know if any of the comments are relative to the person that asked .. because we don’t know what state it is or if they have special provisions relative to refusing a job as unsuitable.

Unemployment does not require us to accept work that is not suitable to us based on a number of different factors.

One of my main concerns for this person is that she has been working at this company for a while now therefore, there is an implied acceptance of the complaints she has about how the company operates. She does not control whether her job is temp or permanent as far as I know.

I realize who she is .. an employee for the temp company, but if she refuses an offered job without a reason that would make the work unsuitable .. she will have opposition to collecting benefits on a “lack of work” claim based on being an employee for the temp agency .. and they will use this to fight her benefits.

I wanted to add, keep in mind what TEMP agencies do. They are under a written contract with employers to find them qualified candidates. Be it temporary due to a vacation leave for a fulltime employee or a maternity leave etc. This is just a temp position pure and simple. A TEMP TO PERM- position is that you accepted this temp job knowing full well that the duration will be long term and that if the employer likes you an offer of employment will be made. The temp agency typically has 30-60 or 90 days when negotiating with the employer wanting to hire you. It means that you will stay on the temp agencies payroll until one of the contracted days expire 30-60-90. Which means also no benefits, typically. They make ALOT of money from temporaries. Or they can also say to the employer you will have to buy us out of the contract to hire the employee fulltime which is a percentage of their annual salary if she takes the job. So example if the employer says we would like to hire her at $50,000 a year then the employer would pay $10,000 or so to the agency for that employee, thus buying them out of the contract. If they dont or cannot afford to buy out the contract then of course you will stay on the temp agencies payroll for the full 90 days for the temp agency to recoup their money back and you will not get the new employers health benefits, or any benefits for that matter. Until you go on the new employers payroll after the 90 days. This is typical 90 days for benefits even if you were not a temporary, when you first hire on with a new employer period. Of course most temporaries are never privy to this information. So turning down a temp to perm job from a temporary currently on an assignment is a slap in the face to the temp agency and the employer who invested time to train the temp. It would not surprise me if the assignment is ended soon.
Let’s say she is not a temp and took a job after a 15 min interview started work and then finds out that what she was told in the interview and the job are not true. Then she quits and trys to go on unemployment, no dice, she will be denied. She quit. The benefit of working temp is seeing who, what when and where. Then if you do not like it quit and find a job out of the paper or else where on your own. But you will not typically get unemployment if you quit or refused to take an offer of employment from any source.

The company that the temp agency sent you to has more power than you think. Even from a contractual relationship they have with a temp agency. You must be ready, willing and able to accept fulltime employment if offered. That is what Unemployment says. The scenario you gave with the drive thru is a fulltime job not a temp to perm job as it is here completely different. In your scenario that would apply to anyone working anywhere, you are working at a place and someone offers you a job at a different place, you turn the new job offer down, so what? It happens all the time. It is the LAST place you worked to qualify for Unemployment period. And the determining factor was, were you the MOVING party. What this means is did you quit any employment that you could have had continued work. In this case she did. Or will in refusing to accept the fulltime position. I guarantee the temp agency will say so and win. Think about it, in this economy with soooo many people out of work, you really expect the Unemployment to say ok will pay you your benefits to sit at home, even though you were offered a FULLTIME job through your last job the temporary agency, and you said No, you would rather collect Unemployment because you did not like the hours? Now it would be a whole different scenario if she accepts the fulltime job and was written up for not working the overtime hours. Then she would have a case.

Chris, you are by far the expert and the knowledgeable person. And of course I know that the State would possibly change things considerably but I wanted to share what I thought right off the bat when reading this.
She is a temp. employee and an employee of the temp. agency. She is not currently an employee of the company where she has been temping and any offer to stay permanent is not being offered to a person who is unemployed as again, she has an employer- the temp agency. As I understand it, and again I am not as knowledgeable as you Chris, a person does not qualify for unemployment if they turn down a position or job “while receiving unemployment or by not taking another position from the company who is the employer when one position is terminated”. Just seems to me that it would be like working at Taco Bell and having the Manager from KFC roll through the drive through and offer you a job. You turn down KFC and 2 weeks later you lose your job from Taco Bell, through no fault of your own. So then should you be penalized because you did not accept the previous job offer? As far as I can tell there is no employee/employer relationship between the company that offered the permanent position and this employee and the “employer” is the temp. agency, so the only employer that she has to perform duties or accept positions for is the temp. agency…..does my thought process make any sense? lol Not sure if I am conveying what I am thinking. Ha Ha to me. But I will let you give the most sound answer Chris, just wanted to give my thoughts……

Wow, this is interesting situation. But I can almost guarantee, that this agency will tell Unemployment you turned down this job, and therefore be denied benefits. Your only hope is to call another agency and work temp not temp to perm just a temp job. When that ends yes you can and will qualify for Unemployment. Even if they contact your temp job you are working with now, that you do not want to take their fulltime offer. You see Unemployment is from the VERY LAST job you worked. Even if that last job is a one wk temporary assignment at a different temporary agency. Temp agencies pay the highest amount of taxes to Unemployment than ANY OTHER EMPLOYER period. Why? Because they are in the business of “TEMP” work. And you can imagine that if your entire workforce all collects Unemployment at once your bill is going to be outrageously high. So I can almost guarantee that Temp agencies always fight Unemployment claims. No matter how nice they are to your face. When the form comes in from Unemployment that you are trying to claim benefits it will be that you are denied. Also they will call you, because the law says you have to call them and be on the available list to work, after your assignment ends. If you answer your phone and they give you a temp job that lets say is 80 miles from your home, or a really bad temp job, working in a refrigeration company etc. and you turn it down your denied. So in closing, go find another agency that has a TEMP job, and see if you get lucky. Then when it ends, apply for Unemployment.