unemployment benefits eligibility

I worked for a company for just under 1 year.Our paychecks came from a different company. I was layed off due to down-sizing.I've been collecting unemployment benefits for 3 months. I got a letter in the mail last week saying that I would be interviewed by the unemployment office, because my employer claimed that I had voluntarily quit.At the interview the rep from the unemployment office informed me that I was considered an employee of the company that the paychecks came from, which is a temporary agency.According to this temp agency, I should have gone to them immediately after the lay-off and requested a new assignment. My failure to do so is considered a "voluntary quit", and I am no longer eligible for unemployment benefits.The problem is that I have never had contact with this temp agency - no name,phone number,or address. As far as I knew, I was an employee of the company where I worked (I was hired by the President of that company), and the other company was just the name on the paycheck. Do I have any legal recourse?

1 answer  |  asked Sep 2, 2003 12:19 PM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
Unemployment scam should be appealed

You have the right to appeal from the adverse decision denying you benefits. In fact, from your description of the "interview" it sounds like you won benefits, the company appealed, and the "interview" was actually an appeal hearing. You can appeal further from that decision. You must follow the instructions and time limits given to you with the decision.
This sounds like a scam. If you were never told of the temp agency's part in the arrangement, it may have been to deprive you of unemployment benefits. You might want to go to the temp agency and ask for another placement. If they actually have jobs available for which you qualify, even a minimum wwage job will pay as much as or more than the amount of unemployment benefits. If they don't have any jobs available, you might possibly be able to ask the Dept. of Economic Security to reopen your case, although there isn't any provision in their rules that allows this. Appeals after the first hearing are generally limited to what is already in the record.

posted by Francis Fanning  |  Sep 3, 2003 11:31 AM [EST]

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