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Current Employer (Temp Agency) Trying to Contest Benefits Already Received in 2008-09

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  • Current Employer (Temp Agency) Trying to Contest Benefits Already Received in 2008-09

    I was working for a temp agency when I received a message on my answering machine November 2008 that I was no longer needed at that assignment. I called the temp agency the following Monday and asked what had happened and I as told that they client didn’t think I was the best fit at that company. I asked if that was going to cause an issue in filing for UC benefits and I was told that it shouldn’t. They did not have any assignments and so I applied for UC and I qualified and received my UC benefits until I accepted another temp position with the SAME temp agency in August 2009 and am still working there.

    So this is why I don’t understand the following:

    In April of 2010 I received an Advance Notice from the UC department. I asked why I am receiving the Advance Notice and I was told that the temp agency stated voluntarily left the assignment for personal reasons. I found out that the temp agency contacted UC on December 7, 2009 stating that I had voluntarily left that position on November 14, 2008, which I did not.I I was told that I wasn’t needed any longer at that assignment. I wasn't notified about the temp agency contesting for 1.5 years after being let go from the assigmement!

    How can an Advance Notice be sent 8 months after receiving the last of my benefits? How can the temp agency say I quit that assignment and then hire me for other assignments? Usually if you leave an assignment, that is grounds for termination and you do not get any more assignments through said agency.

    Well, I sent in the questionnaire to UC as they asked and sent in either paystubs or W2 in APRIL 2010. I have not heard from UC again until now…over a year later and they are stating again that I separated from the temp agency and I may have to pay back the money I received. How can a year plus pass with no reply from UC and now this is starting all over again? Has this happened to anyone else? I am so confused about all of this. Any advice? I am a nervous wreck!!

  • shilsholebay
    replied
    ^I don't know. I can give it a try and see what they say.

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  • RRPayroll
    replied
    Originally posted by shilsholebay View Post
    I don't have documentation of phone calls I made. I didn't know I needed to do so. I know that I did call numerous times over that course of time.
    Would your phone company if you requested the records?

    Leave a comment:


  • shilsholebay
    replied
    I just got off of the phone with UC. They are stating that the temp agency contacted them in December 2009, after I had already been working for them again since August 2009 stating that I never called them during the time frame I was not working for them. The time frame is from mid-November 2008- August 2009. They temp agency states that is a voluntary quit. I didn't call everyday and my calls did become less frequent. I initially called on a weekly basis and then maybe every other week or monthly because I was constantly being told there was no work. I DID call. When they asked me to come in and update my clerical testing in August 2009, I did so. I bought clothes for assignments that fell through, etc.

    UC stated since there wasn't a determination of separation, that is why it took a year forthe temp agency to reply to my receiving UC benefits. UC stated that the company paying UC doesn't get charged until the following year and she believes that when the temp agency saw that they were paying for UC for someone that was currently on their payroll, they decided to take action.

    I don't have documentation of phone calls I made. I didn't know I needed to do so. I know that I did call numerous times over that course of time.

    I am a nervous wreck. I don't know how I will pay back the money if the determination goes against me. I just can't believe this is happening. My employer is trying to dispute my UC claim and I am currently working for them. It doesn't make me want to go into work!

    I know all I can do is wait for the determination. I am on pins and needles! Heck, they can appeal if it does rule in my favor and then I will have to go to court and go work for the people trying to get my UC revoked. I am a mess!
    Last edited by shilsholebay; 05-25-2011, 10:33 AM.

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  • HRinMA
    replied
    When you asked these questions to Unemployment, what did they say?

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