• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I try for unemployment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pandora77

Junior Member
What is the name of your state (only U.S. law)? Indiana

I work for a temp agency. They had me on a 90 day temp-to-hire assignment. I lasted six weeks before the contracted company fired me. I understand I was at-will, but the circumstances are as follows: In staff meetings, we were all told that there was a disciplinary process for firing people. Me, and the other five people from the temp agency that they fired, never went through this process. I was fired on the spot for something that I was taught to do in training, and for the way I handled a situation (which is the way a supervisor told me to handle it). The temp agency I work for is upset, because only my particular location seems to be having problems with keeping temps and they think the manager is the issue (I would definitely agree! She is a bully and has fired 8 people and three have quit in the six weeks I was there). They are considering dropping them as a contract... but that is aside from my question, how do I best make an argument to get unemployment? I was fired before my contract was over, and for arguably unjust reasons. I am still on board with the temp agency, but they do not have any assignments for me at this time.

Thanks for your input!
 


xylene

Senior Member
What is the name of your state (only U.S. law)? Indiana

I work for a temp agency. They had me on a 90 day temp-to-hire assignment. I lasted six weeks before the contracted company fired me. I understand I was at-will, but the circumstances are as follows: In staff meetings, we were all told that there was a disciplinary process for firing people. Me, and the other five people from the temp agency that they fired, never went through this process. I was fired on the spot for something that I was taught to do in training, and for the way I handled a situation (which is the way a supervisor told me to handle it). The temp agency I work for is upset, because only my particular location seems to be having problems with keeping temps and they think the manager is the issue (I would definitely agree! She is a bully and has fired 8 people and three have quit in the six weeks I was there). They are considering dropping them as a contract... but that is aside from my question, how do I best make an argument to get unemployment? I was fired before my contract was over, and for arguably unjust reasons. I am still on board with the temp agency, but they do not have any assignments for me at this time.

Thanks for your input!
You were dismissed from a job.

Make a truthful application to unemployment.
 

pandora77

Junior Member
You were dismissed from a job.

Make a truthful application to unemployment.

I wasn't planning on lying, I just have a tendency to give too much info in situations like this and I want advice on how to best describe my situation so there are no misunderstandings. I am guessing that I was fired before the contract was up is about the only thing I can mention, or do they care about the circumstances surrounding why I was fired?
 

swalsh411

Senior Member
You simply state that you were doing the job as best you can and following the training you received. Unless you are leaving something out, there is no misconduct here. The problems the agency may be having with this client or this supervisor are irrelevant. That they did not follow their own procedure for disciple is also irrelevant.

Were you employed prior to this job? You need to also financially qualify which means having enough wages in the lookback period.
 

xylene

Senior Member
Were you employed prior to this job? You need to also financially qualify which means having enough wages in the lookback period.
While true, it is the role of the Department of Workforce Development to make that determination. Again the importance of an honest and complete application.
 

ecmst12

Senior Member
Employers will fire temps for the slightest reason, because they have no reason not to. It's not THEIR unemployment account that's going to get dinged, it's the temp agency's. Technically, you're still employed, just basically laid off.

File your claim, answer all questions honestly. Make sure you are calling the temp agency to see if they have any assignments every day. Be warned - if the agency offers you any position that you do not take, they will contest your claim saying that you refused work.
 

swalsh411

Senior Member
While true, it is the role of the Department of Workforce Development to make that determination. Again the importance of an honest and complete application.
I'm aware of that and I would never encourge somebody not to file. I was just letter her know it may be an issue if she doesn't have enough wages.
 

commentator

Senior Member
Yep, wages in the base period is the first issue. If you don't have those, you don't have a claim, regardless of whether or not you were fired for good cause, no matter what is going on otherwise. You must have worked for covered employers enough in the past 18 months to have wages to set up a claim. and you must be out of work from your last place of employment through no fault of your own.

Then we go into the issues. The thing to remember is that your employer is the temporary agency. Regardless of why don't have any further work for you,why they say they let you go, the worksite is not your employer. if you are
fullyavailable for work at the agency, and from the sound of it, they don't have another job to send you on. Therefore, you file for unemployment insurance any week you do not have work, and you do not even have to go into anything about the reason you are not longer working at your place of assignment. The issue is that you are able and available and asking your temp agency to send you on a job, and they don't have anywhere to send you.

This is what makes you eligible to draw unemployment benefits. A work site can request that the temp agency terminate the employees for just about any reason inclding they don't need them, or they don't like the color of their socks, but in the long run, you work for the temp agency. If you are fully registered, asking them for a work assignment, and they don't have you one to go on, you are unemployed through no fault of your own. File for benefits immediately.
 

pandora77

Junior Member
Thanks, everyone!

Yes, I was working at a gas station about five months prior to the temp agency... I left it because this temp to hire position sounded awesome. Before that, I was working part time for a temp agency as a server (got to bartend for the celebrities and football players at the Super Bowl:D The most recent job was in clinical research working with mice, something a little closer to what I went to college for. I will let everyone know how it goes....
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top