Unemployment law ? in Missouri

HISTORY: In September I went to work for a temp agency at a factory where I was to be hired after 90 days.
Right when my 90 days was due up- they fired me claiming it was due to company lay off. The company said they would find something else for me and sent me on an interview I was unqualified for and they didn't call me back. They also interviewed me for another posistion at a differnt company after that but did not call me back and did not return my calls. A month later I went to work for a completely different company and after 5 weeks was laid off and filed for unemployment. The temp agency is now appealing my claim saying I was fired for excessive absentism. I was told by the person who hired me in the first place that there was 1 absence that was excused during the three months.What do I need to do to fight this?

Possibility - agreement between temp agency and company that after 90 days you would become an employee of client company and a lump sum fee would then be paid to temp agency. Client company does not want to pay fee to temp agency, so it keeps "churning" employees from temp agency -- which means you were/are not the only one who has been let go. Temp agency, if not completely stupid, has to know this is going on, but would rather get the guaranteed money up front from their cut of wages. (Unethical temp agency, would not use them again).

Temp agency sends you out to another job. Same thing occurred or the other company doesn't think you fit, could be anything. Obviously there is some kind of problem, either with you and/or temp agency.

Since you worked for a temp agency, you should have "timecards" that you had to fill out. Go to the unemployment hearing and take your copies with you. If you can show you did not miss time from work, then temp agency will likely lose on the "absenteeism" and you will collect your unemployment. If you don't have copies of your timecards, then it is your word against theirs and you ask them to produce those timecards and prove the absenteeism. If they bring up some other reason, you say that they are opposing your receipt of unemployment because of absenteeism and you were never told of anything else. You can not change any negative seeming behavior without knowing that there is one.

DIscovery on employment records

Do I have a right to discovery of whatever records the employer might have on me?
I was never given copies of time cards, I do have some pay stubs for last month I worked there that shows I was paid for 40 hours of work a week, I also have w2 forms which will show amount paid over three months and with that I can prove they paid me consistantly 40 hours a week with one exception.
Also- Who determines what is excessive absenses-Is it the employer or the dixtionary defination- can they come back and claim 1 absense in three monthe is excessive?
Appreciate all the help THANKS-
Should I hire a lawyer?

I don't think you can do "discovery" before a simple unemployment hearing. At this stage, I don't think you need a lawyer. Take your stubs and W-2. Break the W-2 down on a sheet of paper by week before you go and take it with you. It will be your "exhibit." One day absent in 90 is not excessive -- but that depends on the eyes of the beholder (reasonable person) -- unemployment is, the bulk of the time, on your side not the employer's.

If you are denied unemployment, which if it is only 1 day absent in 90 will probably not happen, then you immediately file an appeal -- it is at that stage you might want to take an attorney.

[Edited by buddy2bear on 04-02-2001 at 06:24 AM]

Thanks

Thank You,
Paying back the unemployment ( which is only about $800 at this point) does not bother me nearly as much as the principal of the thing. I am attending training and need to collect until the training is over so I can get a better job. I pride myself on near perfect attendance at every job and rarely miss work.
Thank You for your assistance.