Do I have a good cause in case employment agency denies benefits?

by Stephanie

(California)

Hi Chris, I have been working a contract position through an employment agency that is to last 6 months. I have been warned by the employment agency for excessive absences. I have called/emailed both the employment agency and the company I have been working for for every absence. One absence was for taking a day off for my birthday because I had plans (made them before I started the assignment and would have cancelled if not approved)that day and I got prior permission from the employment agency for it. Another time was I had an emergency with my car and had to take it to get fixed. Other times have been because I have chronic back pain and my back had been acting up making it hard to sit. I have previous doctors’ notices backing up my back trouble that I had given to my previous employer (the one that laid me off) for their personnel files. My recruiter at the employment agency told me that I am not to miss anymore days no matter what and that she is surprised that this company has even kept me on. The company I am doing this assignment for says that they are very happy with my work performance and am very glad that I am there and that they understand my situation with my back. They have been so good to me. I do not plan to be out anymore no matter what happens, but despite that, my recruiter is going to deny my unemployment benefits when this assignment is over (if there isn’t any other assignment for me to do, besides, she said that she may not want to work with me anymore). Do I have good cause to prove that I qualify for benefits? I am so scared over all of this. Should I get a statement/letter from the company that I am doing this assignment for stating that I am doing a good job, that they want me there, that I have always contacted them when I was going to be absent and that they are not affected by them? Of course, I am not going to say one bad thing about my employer to them. Thank you so much for your help.

Hi Stephanie,

I do see possibilities if you miss no more work and the agency refuses to put you back in another assignment because they didn’t like your attendance.

The agency should be able to prove the connection between the reason for discharge and the “final incident”.

In other words .. if the employer thinks they have good cause to fire you now .. they should fire you now .. not in the future when they no longer have need of you .. and too much time has passed .. the time that passes has the effect of removing their justification for the discharge.

Comments for Do I have a good cause in case employment agency denies benefits?

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Jan 30, 2011
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Temp Employment Agency’s

by: Anonymous

I’ve never been lied to as much in my life as I have with a temporary employment agency. After 9 years, I was laid off of a full-time position. As I was collecting Unemployment, I was diligently searching for employment. Resume in hand, I walked into a employee leasing company and was called the next day to take testing at this Temp. Agency (what a huge mistake). After taking the exam at the Agency and receiving a great score, I was informed that since I was a cigarette smoker, (isn’t that discrimination?) that I just “blew myself out of the water” and that the job had just been filled 2 minutes ago. They told me, however, that they would find me employment…yeah, right!!! a two week assignment, 4 hours one day a week = 8 hours total. I called after each assignment (as required) and always received a “Hang tight, we’ll find you something” answer. They failed to find me any job opportunities and I wound up taking a part-time job at Wal-Mart, which I told them about on 2 seperate occasions. Now they have reported to Unemployment that I left the job without good cause (how about failure to supply work?) Long story short – – Do NOT ever go to find employment at a Temp Agency while you are on unemployment. They will screw you! THEY lie!

Dec 07, 2010
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Temp Agency Still Contacting Me

by: Stephanie

I finished the position and the supervisor I reported to called my recruiter and told her what a great job I did. I filed for unemployment claiming lack of work since my recruiter didn’t have anymore assignments for me and she actually let it go through. My former employer, who let me go last year, is paying it. When I filed my claim, I told the EDD that I was no longer working for the agency and didn’t plan on going back (since I had so many issues with them). I even told my recruiter this and she was fine with it, but now she is calling me with short temp assignments. I want to work more than anything (permanent or temp to perm), but I really do not want to go through what she put me through again. Is there any chance this could cause me any issues even though the EDD knows I am no longer with the agency? Thank you.

Yes.

Nov 01, 2010
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THINGS TO KNOW ABOUT TEMP AGENCIES

by: Anonymous

Also I would like to add that your UI benefits are determined by your very LAST job, being temporary or a permanent job. It is always the last job you worked. Which in your case would be the temp agency.

Temp agencies are among the top employers to deny UI or at least challenge ALL UI claims, no matter what they have or have not said to you. Reason: Temp agencies are charged the HIGHEST rates for UI benefits due to so many prior temp employees filing for benefits.

Thanks anonymous.

It’s true, being a temp worker brings it’s own unique convolution to collecting unemployment benefits .. and it’s also true that due to the temporary nature of the work they do have high unemployment rates due to “lack of work claims” .. therefore they try to counter act this by getting states to pass “temporary worker provisions” which in effect, make it the responsibility of the employee to ask the employer at the end of every temp assignment for another assignment .. If you don’t you will be found to have voluntarily quit without good cause.

But I warn everyone .. this is not the only tactic they use to stop their employees from collecting benefits.

Chris

Sep 13, 2010
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Thank You

by: Stephanie

Thank you, Chris, for answering my question. I haven’t missed anymore days since I submitted my question to you and I have one more month left of this assignment. My recruiter actually surprised me by telling me that she has been keeping an eye out for other possibilities for me and before she had said that she didn’t want to work with me anymore. I will be filing for unemployment when this is over and if she isn’t able to find something else for me. My former employer who laid me off will be paying my benefits. My benefits won’t be coming out of the temp agency’s account, so I am hoping it all goes through without any hitch.

Just to set you straight .. continuing benefits based on a valid and qualifying separation by layoff becomes subject to disqualification based upon the separation from any subsequent employment .. regardless from which employers account the benefits are coming from.

Just so you know this.