Can a temp agency tell me work slowed down, but tell the unemployment office that I was terminated?
I was working for a temp agency I worked at a place for 7 months for them. the recruiter called me to tell me work had slowed down and to not report to work where I was tempting. I filed for unemployment, I got approved. But now I have a phone interview, it looks like they are saying I was terminated. Are they allowed to do that? Can I fight that?
1 answer | asked Aug 21, 2017 7:22 PM [EST] | applies to California
Answers (1)
Many people confuse "terminating" an employee with "firing" an employee. To "terminate" employment means to end it, whether by firing, lay-off, or otherwise. Focus on why the employment ended, not on the terminology.
Generally, a person claiming unemployment benefits (a “claimant”) is eligible for benefits if ALL of the following is true: he or she is (1) unemployed due to no fault of his or her own; (2) physically able to work; (3) actively seeking work; (4) ready to accept work immediately; (5) has received enough wages during the base period to establish a claim; and (6) meets eligibility requirements each week benefits are claimed. An overview of these requirements can be found on the web site of the California Employment Development Department (EDD) http://www.edd.ca.gov/Unemployment/Eligibility.htm.
There is a legal presumption (similar to an assumption) that a claimant is entitled to benefits unless the claimant was either fired FOR MISCONDUCT or quit without cause. "Misconduct" generally means taking intentional acts against the interest of the employer. Some examples are tardiness or absences without reason, insubordination, showing up drunk, initiating a fight, etc. "Unsatisfactory performance" is NOT misconduct unless the claimant intentionally did a bad job. If the claimant did his or her best but the employer wasn’t satisfied, the claimant is still eligible for benefits. The burden is on the employer to show that the claimant intentionally did a bad job. Being laid off due to a decrease in work is not misconduct. For more information on misconduct, see http://www.edd.ca.gov/uibdg/Misconduct_-_Table_of_Contents.htm.
The California Employment Development Department (EDD) administers California’s unemployment insurance program and evaluates claims for benefits. Often, EDD telephones the claimant and the employer and interviews both. EDD compares their statements and makes a decision based on information received. By the limited nature of the initial process, EDD sometimes makes errors. For this reason, there is an appeal process.
The Notice of Determination stating your claim was denied for misconduct includes information about the appeal. You MUST file your appeal within 30 days of the date stated in that letter. Do not miss the deadline. In the appeal, make a brief statement saying why you believe the denial was incorrect. Save your detailed argument and evidence for the hearing. For example: “I was told by supervisor Mr./Ms. Smith not to return to work because business was slow.
In a few weeks, you will receive notice of an appeals hearing with the date, time and location. At the hearing, be prepared with as much evidence as possible. You should also know the law the administrative law judge will consider. You can get a lot of helpful information on the EDD website.
Home page
http://www.edd.ca.gov/Unemployment/
Eligibility requirements
http://www.edd.ca.gov/unemployment/Eligibility.htm
Summaries of the law (Benefit Determination Guide)
http://www.edd.ca.gov/UIBDG/
Appeals
http://www.edd.ca.gov/Unemployment/FAQ_-_Appeals.htm
Precedent Decisions (law the administrative law judges rely on)
http://www.cuiab.ca.gov/precedent_decisions.shtm
Frequently asked questions
http://www.edd.ca.gov/unemployment/FAQs.htm
Filing a claim for unemployment benefits
http://www.edd.ca.gov/unemployment/Filing_a_Claim.htm
You can be represented by anyone at the hearing. If your appeal will be difficult or you are uncomfortable speaking, you may wish to retain an attorney to help you prepare or to represent you. For training, expect the attorney to need approximately three hours. For hearing representation, expect the attorney to need three to seven hours to prepare, depending on the complexity of the case, witnesses, documents and other evidence, and allow two hours for the hearing itself. Unemployment hearings usually last one hour or less, but you must arrive early to look at the file and there is a possibility you will have to wait for the previous case to finish.
Generally, as of 2017, plaintiffs employment attorneys in California charge between $250 and $700 per hour for legal services. The amount varies based on experience, location, attorney availability, attorney interest in the case, complexity of the matter, and more. To find a plaintiffs employment attorney in California, visit the California Employment Lawyers Association (CELA) at www.cela.org. CELA is the largest and most influential bar association in the state for attorneys representing working people. You can search for attorneys by location and practice area. Many CELA attorneys represent clients throughout the state.
Marilynn Mika Spencer
San Diego, CA
posted by Marilynn Mika Spencer | Aug 21, 2017 8:22 PM [EST]
Generally, a person claiming unemployment benefits (a “claimant”) is eligible for benefits if ALL of the following is true: he or she is (1) unemployed due to no fault of his or her own; (2) physically able to work; (3) actively seeking work; (4) ready to accept work immediately; (5) has received enough wages during the base period to establish a claim; and (6) meets eligibility requirements each week benefits are claimed. An overview of these requirements can be found on the web site of the California Employment Development Department (EDD) http://www.edd.ca.gov/Unemployment/Eligibility.htm.
There is a legal presumption (similar to an assumption) that a claimant is entitled to benefits unless the claimant was either fired FOR MISCONDUCT or quit without cause. "Misconduct" generally means taking intentional acts against the interest of the employer. Some examples are tardiness or absences without reason, insubordination, showing up drunk, initiating a fight, etc. "Unsatisfactory performance" is NOT misconduct unless the claimant intentionally did a bad job. If the claimant did his or her best but the employer wasn’t satisfied, the claimant is still eligible for benefits. The burden is on the employer to show that the claimant intentionally did a bad job. Being laid off due to a decrease in work is not misconduct. For more information on misconduct, see http://www.edd.ca.gov/uibdg/Misconduct_-_Table_of_Contents.htm.
The California Employment Development Department (EDD) administers California’s unemployment insurance program and evaluates claims for benefits. Often, EDD telephones the claimant and the employer and interviews both. EDD compares their statements and makes a decision based on information received. By the limited nature of the initial process, EDD sometimes makes errors. For this reason, there is an appeal process.
The Notice of Determination stating your claim was denied for misconduct includes information about the appeal. You MUST file your appeal within 30 days of the date stated in that letter. Do not miss the deadline. In the appeal, make a brief statement saying why you believe the denial was incorrect. Save your detailed argument and evidence for the hearing. For example: “I was told by supervisor Mr./Ms. Smith not to return to work because business was slow.
In a few weeks, you will receive notice of an appeals hearing with the date, time and location. At the hearing, be prepared with as much evidence as possible. You should also know the law the administrative law judge will consider. You can get a lot of helpful information on the EDD website.
Home page
http://www.edd.ca.gov/Unemployment/
Eligibility requirements
http://www.edd.ca.gov/unemployment/Eligibility.htm
Summaries of the law (Benefit Determination Guide)
http://www.edd.ca.gov/UIBDG/
Appeals
http://www.edd.ca.gov/Unemployment/FAQ_-_Appeals.htm
Precedent Decisions (law the administrative law judges rely on)
http://www.cuiab.ca.gov/precedent_decisions.shtm
Frequently asked questions
http://www.edd.ca.gov/unemployment/FAQs.htm
Filing a claim for unemployment benefits
http://www.edd.ca.gov/unemployment/Filing_a_Claim.htm
You can be represented by anyone at the hearing. If your appeal will be difficult or you are uncomfortable speaking, you may wish to retain an attorney to help you prepare or to represent you. For training, expect the attorney to need approximately three hours. For hearing representation, expect the attorney to need three to seven hours to prepare, depending on the complexity of the case, witnesses, documents and other evidence, and allow two hours for the hearing itself. Unemployment hearings usually last one hour or less, but you must arrive early to look at the file and there is a possibility you will have to wait for the previous case to finish.
Generally, as of 2017, plaintiffs employment attorneys in California charge between $250 and $700 per hour for legal services. The amount varies based on experience, location, attorney availability, attorney interest in the case, complexity of the matter, and more. To find a plaintiffs employment attorney in California, visit the California Employment Lawyers Association (CELA) at www.cela.org. CELA is the largest and most influential bar association in the state for attorneys representing working people. You can search for attorneys by location and practice area. Many CELA attorneys represent clients throughout the state.
Marilynn Mika Spencer
San Diego, CA
posted by Marilynn Mika Spencer | Aug 21, 2017 8:22 PM [EST]
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