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Temp Agency Will not Pay Unemployment Benefits

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MOjobqueen

Guest
What is the name of your state? moI worked as an administrative Assistant on a long-term temporary assignment as a temp for about six months. The job ended on March 14th. My supervisor claimed they didn't have anymore work for me to do to keep me working 8hours a day;therefore, they were releasing me from the assignment. Which was ironic because other temps who started working at the bank around the same time I did, but under a different supervisor, were still working at the bank with plenty of work to do. And Bank of America was still calling the temp agency asking for more temps to come in because they needed HELP!! I asked the supervisor if I could use her for reference for future jobs, and she said "YES". I called the temp agency and asked if they knew that March 14th was my last day, and I was told "NO"...they didn't know anything about it. I asked Agency if there were any complaints about my work and was told "NO", Or if there were anything "negative" said about me...and was told "NO". I filed for my unemployment benefits, and received a letter stating that there was an issue against my claim for benefits. The reason was that the temp agency claimed that Bank of America release me from assignment for absenteesim(sp?)
The only time I was late for work was because I had to go to court and I had documentation as proof of my court appointments, and on top of that, my supervisor
allowed me to take care of my court appoitnments and return back to work. After taking care of my personal business I would come straight back to work, not even taking a lunch break, and staying after 5:00 pm to make the time up.

Here's the kicker: on March 3rd after leaving court, I came straight to work and reported to my supervisor. She mentioned to me that they need someone who was reliable.. who would be there everyday, and her boss asked her if she would like to replace me?! I told her that I was reliable, and got permission from her to take off from work and come back the same day. I never took the whole day off! I gave her paperwork as proof of my court appointments. I also mentioned the fact that my work was "satisfactory".

Recently Bank of America Personell office called me about a permanent position. I have already took the test and did a phone interview for the position. I was informed the next step is for me to be interviewed by the Department Hiring Manager and this job is located in the same building on a different floor where I was working as a temp.

I need advice for the the following: Do I use my previous Bank of America supervisor as reference when I'm interviewed by the Department Manager?(and remember, she always acted so flaky with me many times, instead of being professional towards me). How do I show proof for the real reason BOA release me from the assignment so that I can recieve my unemployment benefits? I still have all my court papers documentation.

Thanks for any and all advice.

MOjobqueen
 


Beth3

Senior Member
You have no choice in whether BOA "uses" your former supervisor or not for a reference. Obviously they will see your temp assignment with them on your resume or application and they will certainly go and speak to that supervisor about you. Your permission is not required.

As to your UC claim, I'm a little confused. You were employed by a temp agency and placed at BOA for a long-term assignment. Your UC benefits don't have anything to do with BOA - it's between the State, your employer (the temp agency) and you. It's up to the temp agency to raise any issues with the State they believe would disqualify you from eligiblity for UC benefits. BOA has no role here - they can communicate with the temp agency about your job performance but the State is not going to contact them about UC eligiblity. I don't get it.

In any event, it's not up to you to prove the real reason for the end of your assignment. Your employer/BOA is objecting to your eligibilty - it's up to them to prove you were let go for "willful misconduct."
 
M

MOjobqueen

Guest
(Clarification)

Your UC benefits don't have anything to do with BOA - it's between the State, your employer (the temp agency) and you. It's up to the temp agency to raise any issues with the State they believe would disqualify you from eligiblity for UC benefits. BOA has no role here - they can communicate with the temp agency about your job performance but the State is not going to contact them about UC eligiblity. I don't get i
***

Thanks for responding....

I know the State is not going to contact BOA in regards to my UC eligiblity. I was simply stating the reason BOA gave me for releasing me from the temporary assignment vs. the reason the temp agency is giving the State for not wanting to paying unemployment benefits. My point is BOA DID NOT tell me they were releasing me for absenteeism! BOA told me that didn't have any more work for me to keep me there 8 hours.

So I assuming the next step is to try and appeal the State's decision by using my court documents to verify and justify days when I arrived late to work and see what happens. Or simply contact the supervisor at BOA and have her verify in writing the reason for my release and fax this document to the state. Do you think these are good ideas?

Thanks for responding
 

Beth3

Senior Member
What you need to do is follow the instructions on the Initial Determination you received from the UC Division on how to appeal the decision and file for a hearing - it's pretty simple but there a short deadline so don't drag your feet.

You can certainly ask the supervisor for the reason you were released in writing but that doesn't mean she'll comply and if she does, that she'll write what you want to hear. Additionally, documents like that will not be allowed as evidence at a UC hearing. If you want this supervisor to "testify" on your behalf as to the reason your assignment ended, she needs to come in person to the hearing. You can have her subpoenaed if you wish but on the other hand, that may not bode too well for this employent opportunity at hand.

The bottom line here is that it is up to the employer to demonstrate that you were excessively absent AND that that constituted willful misconduct on your part. Unless there's more to the story than you have shared, it's likely you'll be eligible for benefits.
 

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