Unemployment Question

[chasety]

What is the name of your state (only U.S. law)?
OHIO

I work on behalf of a company, "NOT" for the company, on behalf of the company. I work through a temporary agency. I have worked on behalf of this company for 12+ years. The company that I work on behalf of has to bid on different temporary agencies every year, so I have continuously worked on behalf of the company with several temp agencies. I have been with the current agency for 1 year, the headquarters in Indiana but it has many sub-offices in Ohio. The company that I work on behalf of decided to get rid of the temporary agency and make all of their positions company positions.

They told everyone in our division to apply. The division director of the company said that the pay was from $11.32-$18.09 an hour and people would be paid based on their experience. I currently make $19.00 an hour. So everyone interviewed and one of my co-workers got hired on first and they said they where paying her $11.32 an hour and she has be working her there for at least 9 years. They had other meeting stating that everyone would start at $11.32 but that wasn't what they first stated. We'll my time came to accept the offer of the company, they basically said to send in some kind of legal form to accept the position. I didn't accept the position because I didn't send the form in. I was constantly asked by my Manager was I going to accept the position and I couldn't except because they deceived everyone with the promise of getting paid based of our experience.

We had a meeting about a month ago with the COO of the company and he said everyone who isn't eligible or rejects the position would have to leave within a month. So, on 6/7 everyone has to leave. My manager is telling a lot of people that if people denied the position that they might not get unemployment.

My question is that I don't work for the company that is getting rid of my position, I work on behalf of that company and my employer is actually the temporary agency. Can they deny me of unemployment because I didn't accept the position with the other company? If so, what can I do to increase my chance of getting my unemployment? What options do I have?

 

[swalsh411]

You must not refuse "suitable" work otherwise you can be disqualified. Now you could argue that an approx 40% cut in pay makes the position "unsuitable", and you might stand a fair chance of winning with that argument. However, $11.32 is probably more than you will get with unemployment even considering committing costs.

You can also expect to not be on good terms with your temp agency if you turn it down.

My advice would be to take the job but start looking for a better one not at a temp.

 

[RedemptionMan]

You must not refuse "suitable" work otherwise you can be disqualified. Now you could argue that an approx 40% cut in pay makes the position "unsuitable", and you might stand a fair chance of winning with that argument. However, $11.32 is probably more than you will get with unemployment even considering committing costs.

You can also expect to not be on good terms with your temp agency if you turn it down.

My advice would be to take the job but start looking for a better one not at a temp.

this is good advice, you can always find a better job with better pay by having a job currently and working it. It is easier to get a job with a job type thing.

 

[commentator]

By all means, be sure and file a claim for unemployment as soon as you are official released. Your employer's name, of course, will be the temporary service from which you are separated. The one that has been paying your wages. The reason for leaving will be that the assignment ended. The company where your job site was located decided to suspend the services of the temporary agency. Your previous employers will be listed and will show up on your monetary determination as the various temp agencies that have kept you at this job site. But at NO TIME have you ever actually worked for the job site company, been on their payroll.

Instead of going into all the pay scale issues when you file the initial claim, you'll just be answering the one question, "Have you presented yourself to the temporary agency for another assignment?" Be sure you can answer this one with a hearty yes! In other words, Even right now, be asking the temporary agency if they have another job assignment for you to go to when this one ends. If yes, then you'll pretty much have to accept it. You can't really restrict yourself according to what you've been making. Ninteen dollars an hour is a lot, they very likely will not have anything else that pays this much, ever.

But the important thing, according to unemployment benefits is that you have expressed your willingness to accept another assignment from your current temp agency. You do not actually have to reply affirmatively to the question "Have you been offered another job since filing this claim?" because you have not. That job offer, such as it was, was made several weeks ago, if I am understanding this situation correctly. If your claim is questioned because the temp agency reports that you have refused a job, get back with them, respond factually, and let the unemployment system sort it out. A really low ball offer of permanent employment, significantly less than what you were being paid, by the worksite company probably will not disqualify you from receiving benefits. every claim is different, nothing is cut and dried, they'll have to make a decision on this one individually.

And please keep in mind, what you are allowed to draw, even if approved for unemployment insurance, is probably going to be lots less per week than the $11.32 you were offered at the job site company. Are you sure you will be able to reproduce these wages anytime soon? Unemployment insurance will pay you an average of about $300 a week. For a limited amount of time. You've been with this one company for a long time. Have you checked the job market and do you feel that you have a good chance of finding a new job within the next six months that will be this good?

Okay, the company did you wrong by not offering you as much money as you were being paid through the temp service. Lots of companies are doing things like this, or moving permanent positions to temporary ones. But with this particular situation, full time employment with the company, are there any other benefits, such as health care and retirement accounts that would make it better to work for the company even at a lower hourly rate? It sounds as though your manager wants you, might make arrangements to let you be hired even at this late date if you asked to.

Like most people your supervisor doesn't understand how unemployment benefits work, and is making a big old generalization about whether or not you'll be approved to draw benefits. Don't argue with a bystander, just file the claim if you're SURE it's the right thing to do not to take this job.

Check with your temp agency, then file your claim as soon as you are told by them that your assignment has ended. Remember that the agency is your separating employer. Whether or not you are approved to draw unemployment benefits on this separation will be between you and them and the unemployment system, as they are the ones who have paid in the wages your claim will be set up on. Forget the regular job site company and what they have offered you. You don't work "on behalf" of them any more. You worked FOR a temporary agency, regardless of how it felt when you were on the job.

 

[chasety]

Thank you so much for your advice. Thanks to you I received my benefits and fully until I find another job. Thank you again... Great Advice.