Can I get unemployment if I was fired for being negative?

by Ann

(San Jose, California)

I worked at a company for 2 years as a temporary employee. I was called Saturday 12/23/09 @ 6:45 in the evening by the temp agencies representative to let me know that I was being “let go for being negative.” I had never been given a verbal or written warning by the manager of the company I worked for. I even asked temp agency rep what specifically was I doing that was negatvie and he said the my former boss did not give a specific reason. He then said that the negativity was affecting the rest of the department and that a whole new sales team was hired and my boss wanted to start the new year on a positive note. I then asked him if he was aware of the negativity issue and he said no that he was just called and had to let me go.

Can I be denied unemployment for being “negative” and had no prior knowledge of the negativity issue?

Friends, family and a former co-worker of this company want me to send an email to my former manager to get a specific reason as to why I was fired. Do you think I should do this?

Thank you,
Confused and Still in shock

Hi Ann,

I would.

I need to mention something else to you because you are not an employee of the company you were performing the work for. You are an employee of the temp agency.

Given my knowledge of how temp agencies might operate .. I think you should try to find out if negativity was the real reason they decided to end your assignment.

Currently, I would say you have a lack of work claim because you do work for a temp agency.

Did you ask about another assignment when you spoke to them?

If they don’t have one .. it’s a lack of work claim.

If they want to play hard ball with your unemployment claim (and they usually do) understand that they may protest, but will need to prove the negativity was misconduct.

If you take a look at what I have to say about why people don’t collect UI when they quit .. you’ll notice that I focus on a lack of effort to correct or preserve the employment as most people’s big stumbling block.

Discharging someone isn’t much different. Unless an employer warns us .. per their discipline policy .. anyone can use that failure to prove they weren’t made aware their job was in jeopardy and therefore, did not have the opportunity to correct the offending behavior.

Temp agencies have a problem with this .. because their clients don’t necessarily want to be bothered with testifying or documenting for temp employees.

This usually prompts them to look for work arounds. They do have a bag of tricks .. and it’s too many to go into here.

Just understand that it is the temp agency that is your employer and unless they put you back to work .. which is usually what they try to do .. they very rarely agree that you aren’t working due to a lack of work.

So here’s what I would do immediately. Try to find out from the manager you worked for if negativity was the “real reason”.

And then call and follow up with an email to the temp agency and tell them you are ready for another “suitable assignment” .. since the last one ended.