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I was fired in recently by the company the temp agency placed me at due to a bogus complaint. I contacted the temp agency to let them know what happened and that I was available for work right after the firing.
The next day I applied for unemployment. They sent me two financial determination letters and I did not hear anything from them for almost four weeks. I received my PIN during that time and was able to log-in and claim for my first two weeks. Then the day before the four weeks was up I got a call from unemployment. The lady claimed what they said was different than what I said; which struck me as odd since I told the truth when I explained in the initial application why I was severed from the job.
Later on I found out they had cooked up that I was supposed to call in everyday to say I was available for work. The thing was I did not have to do that when I got my last job; in fact, when I kept checking in they told me they will call me when they have work. Now suddenly I have to call everyday. So I was told I'll get a determination in the mail (I am guessing rather than the check I am owed at the end of the four weeks). My question is should I appeal this if they try to deny me? The UC rep. lied because how could my story be different from theirs if I did not say anything about the temp agency? I mentioned why I was cut from the job they sent me to.
When you get fired from a client of a temp agency, the temp agencies quite often have favorable rules about calling in to announce your availability. By LAW, many states treat failure to call in to the temp agency as a quit which puts the burden on you, and not them, and the agencies LIE because most people aren't smart enough to save PROOF of the contact. Therefore, the claimant gets denied not because they didn't call in, but because they can't prove it.
PRINT your call log showing you called the agency the day you were fired by the client.
You do NOT have to call every day. You only have to prove you called ONCE.
For now, that's what you need to do because as time ticks by, call logs fade away. Then come back to get more help when you have the actual denial in hand IF it even happens at all.
The UC rep. lied because how could my story be different from theirs if I did not say anything about the temp agency?
Because that is what your former employer (temp agency) told them! Do you really think they would take your word alone without checking with your former employer?
When you get fired from a client of a temp agency, the temp agencies quite often have favorable rules about calling in to announce your availability. By LAW, many states treat failure to call in to the temp agency as a quit which puts the burden on you, and not them, and the agencies LIE because most people aren't smart enough to save PROOF of the contact. Therefore, the claimant gets denied not because they didn't call in, but because they can't prove it.
PRINT your call log showing you called the agency the day you were fired by the client.
You do NOT have to call every day. You only have to prove you called ONCE.
For now, that's what you need to do because as time ticks by, call logs fade away. Then come back to get more help when you have the actual denial in hand IF it even happens at all.
I contacted her as soon as I was discharged from the worksite I was at. The UC rep tried to act like I should have been calling them everyday. In addition, I talked with one of the recruiters there and even she said they only recommend you call once every week, if that.
In addition, I talked with one of the recruiters there and even she said they only recommend you call once every week, if that.
If denied, will that person be willing to come in and testify on your behalf that that is the policy for the temp agency? If not, do you have any written communications from anyone at the temp agency that that is the policy? Temp agencies are great at getting unemployment denied by telling you one thing but saying and producing contracts or paperwork with your signature on them that says something else.
You will need to provide proof to back up your claim of contacting them. Do you have proof? if so make sure it's preserved.
I contacted her as soon as I was discharged from the worksite I was at.
Great, now be prepared to PROVE that you did. You saying you did, and the temp agency saying you didn't (because they don't want to eat the cost of your UI claim) is only 50/50. You have the burden, so you need 51/40. You need your PHONE records while you still might be able to print the log.
As to the UI worker saying you have to call every day, that's overreach. The LAW only requires that you inform the agency of your availability, not that you call every day IF PA even has that law, but they probably do.
" are unfairly disqualified under this provision simply for lack of proof. "
This explains the concept, but it's getting stale. The number of states that have passed laws about temp workers has expanded over time.
Because this can be a difficult provision in state law to find, always work with the most restrictive rule you know exists so there are no surprises, and when someone is blowing smoke, you'll know it's BS.
Great, now be prepared to PROVE that you did. You saying you did, and the temp agency saying you didn't (because they don't want to eat the cost of your UI claim) is only 50/50. You have the burden, so you need 51/40. You need your PHONE records while you still might be able to print the log.
As to the UI worker saying you have to call every day, that's overreach. The LAW only requires that you inform the agency of your availability, not that you call every day IF PA even has that law, but they probably do.
" are unfairly disqualified under this provision simply for lack of proof. "
This explains the concept, but it's getting stale. The number of states that have passed laws about temp workers has expanded over time.
Because this can be a difficult provision in state law to find, always work with the most restrictive rule you know exists so there are no surprises, and when someone is blowing smoke, you'll know it's BS.
I actually also have an e-mail I sent to the manager directly after stating my availability.
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