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I responded to a job posting in the paper; I was interviewed by, hired by, supervised by, and worked for this man, running day-to-day operations of his very small staffing firm.
He told me that "solely for payroll purposes" I would have my checks cut from the large temp agency he contracted to serve as "employer of record" for the temps I scheduled to work at our clients and did payroll for.
I thought I was beginning a new career helping him build a temp department of his recruiting business and managing that department.
My W-2 was from the large temp firm, but I never set foot in a staffing firm for myself in my life, nor would I ever. Now I left that job, he denies I worked for him, that I worked instead for the large temp firm, and the large temp firm says I "left a long term assignment" and is contesting my unemployment.
Why did you leave that job?? Did you quit? Were you discharged?
What state are you in?
You can't quit without cause and collect benefits. If you were discharged because the job ended, you can collect benefits.
Temp agencies lie all the time - and call completion of a job a quit. You can win benefits if you can prove this is your situation. Whether you worked for Mr. X or temp agency isn't the issue - the circumstances of your job loss are.
1. Please include your STATE when posting a question. State laws/precedents differ. It is often putting the cart before the horse to discuss a quit/misconduct/claim issue without first knowing your STATE.
What you say is a legitimate reason to quit. The problem is: Can you prove what he offered, that you never got it, and that you complained about it? It's for these reasons that people that do what you did don't get UI. It may even be that everything you say is true, and you did complain about it, but people get denied because they can't prove it, not that it didn't really happen.
I really hope that you strategically planned things out before you walked out the door so you have the proof you need.
They say I quit but I say my employer severed the relationship first by failing to pay the benefits as agreed to when I was hired by him.
That translates to: I didn't get what I thought I deserve so I uppped and quit
Is that what happened? If not explain exactly what you mean and what proof you have to back up your claim of events.
I can't prove what he offered, I can prove I never got it, I can't prove I complained about it.
The thing is, the large temp firm is claiming I should have gone to them and complained if I had a problem because they are saying I had a "long term assignment". They are claiming I quit and that I never returned to them for a "new assignment".
Their problem is there is no relationship between me and them, I never signed any contract with them, never stepped foot in their office.
Their problem is there is no relationship between me and them, I never signed any contract with them, never stepped foot in their office.
WRONG. 90% plus don't have a contract for their jobs. Here's what your temp agency has to prove the relationship: Cashed paychecks. That's all they need.
oh.
well how do they have any consideration from me personally if I got the job myself? They didn't refer me, they didn't post the job, and i never saw their policy that i need to go to them for a new assignment because i thought i was getting hired by the officeman who posted the ad directly and what i applied to, not by an agency. i was told explicitly that they were used just process our pay when i was hired.
i never would have worked there if i thought i was joining a temp firm as their employee!
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