Employer and Temp agency reported that I quit or was a no call no show when they fired me and escorted me out of the building

by Jerkiepooh

(Chicago, IL)

I started unemployment at the beginning of the year and was actively looking for work so I started working about 4 months into receiving my unemployment. I was hired directly by the company and was being paid by a Temp Agency (never did the agency interview me, hire me or fire me). I was there 2-3 weeks when they fired me for a simple non-work related disagreement with the boss that hired me (no physical or offensive language used at all).

I went back to apply for unemployment benefits which they approved but 2 weeks later they informed me via mail that the employer I worked for (the Temp Agency) is stating that I was a no call/no show and that they never fired me.

I never even dealt with anyone at the Temp Agency but apparently they were paying me (which I was unaware of).

I had a hearing and explained all of this to IDES and they did not believe me. I got a letter in the mail yesterday stating that I owe IDES every dime I received over the last 6 weeks since re-applying (over $4000.00).

How can I prove that I was fired? I loved that job and would have never quit. It was close to home and the pay was decent.

Why Were You Denied Unemployment by the IDES Tribunal?

First, I’m moving your question to the other ones about working for a temporary staffing agency, since that is where I attempt to explain a state may have a special voluntary quit provision just for employees of a temp staffing agency, that temp employees need to be aware for an employer to access the provision of a voluntary quit.

Once you know one way, or the other, if Illinois has one of these special temp worker provision, you can choose to let me know if that’s what you meant by this current finding you no called / no showed.

And how it is you want me to take on faith you didn’t know it was a temp staffing agency paying you those two, or three weeks.

You had me .. right up until you told me the disagreement wasn’t work related, but that didn’t exactly jibe with the title for your question and then you tell me, “I never even dealt with anyone at the Temp Agency but apparently they were paying me (which I was unaware of).”

And if you’re interested in getting to the bottom of whether the lower level tribunal decision is correct, or erroneous, along with the 4,000 dollar overpayment (which sounds a bit excessive to me considering how long you worked as as temp) to explain what you plan of proving now, that your appeal would have to go to a board of review and that makes winning a more difficult matter because good cause for that sort of appeal, is different in that it is based only on the record created during your unemployment phone hearing.

Comments for Employer and Temp agency reported that I quit or was a no call no show when they fired me and escorted me out of the building

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Jun 22, 2017
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To Clarify

by: Jerkiepooh

I did not know I was being hired by a Temp Agency because I applied and was hired at the actual company. I did not pay attention to my pay check stubs. I was just happy to be working and be off unemployment.

The $4000 are what I was paid by Unemployment through today. Not what I made at the job.

The disagreement was over my son who I had apply with directly with this boss since he had been urging me to get him more people because they were very short staffed. I did so and when I asked him the status of my son’s application, he said “NO WAY”. I asked him why over a text message and he gave me the lamest excuse. So the next day I approached him and asked him nicely and he yelled and said he was done talking about it. So I said ok but I think it is a dumb reason but you are the boss. That was the end of it. Next thing I know, I was asked to go to the office and 2 bosses escorted me out.

This is what I refer to when I say it was a non-confrontational disagreement. No foul language was used ever.

Okay, assuming you didn’t know you were working for a temp agency and not it’s client company who hired you to work through the temp agency, that disagreement would be relevant to a discharge, not a voluntary quit.

So, this brings me back to what happened at the hearing that found you had voluntarily quit a temp staffing agency.. which they and apparently even the client company is now calling your separation.

By the way a no call/ no show is .. a voluntary quit, but when it’s a temp agency .. one must consider whether the state has that special VQ provision for temp employees.

And .. I believe I already said, I thought the 4,000 dollar overpayment is incorrect .. unless there’s some issue with the original separation from a job that caused you to file for benefits .. before you accepted this temp job .. unbeknownst to you for some reason.

You see, I’m having a problem with IDES tribunal denying you .. if the temp staffing agency didn’t attend that hearing to show you had been made aware of the condition of employment requiring you to report to the temp agency for a new job assignment by producing a document stating so .. with your signature on it.