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My husband was laid off from his factory job of 10 years when the plant relocated and has been collecting unemployment for 3 months.
He was hired on at another factory through an employment agency. He had only been there for a week when he developed a bad sinus infection due to the work conditions. The job hours were 7-5 Monday through Saturday, so the only way to see our doctor was to call in sick. When he called, the boss told him he hadn't been there long enough to miss and to not bother coming back. My husband was never told any rules concerning sick leave and had no disciplinary problems.
Will he be able to resume his old claim and what should he say to the unemployment rep when he tries to resume his old claim?
1. Does he have any documentation he was told not to return to work due to being sick?
2. Has he contacted the temp agency to inform them he is now available for work?
3. When he saw the doctor did he say it was due to the workplace?
4. Did he speak with the employer about the "unhealthy" work conditions?
1. No, he just called and spoke with the boss who told him not to come in
2. Yes, but they said they would no longer place him since he missed (they also never gave him any information regarding sick leave prior to this)
3. Not sure, I'll have to see exactly what he told the doctor
4. He didn't actually speak with the employer, but tried wearing a mask leading up to missing. He was actually planning to try and talk with someone, but never got the chance because of being let go so quickly.
Well, he didn't quit, so issue #4 of adjusting the grievance w/employer doesn't exist. His issue is w/temp agency, not the employer with which he was placed.
Yes, he can resume his benefits. Missouri will be contacting the temp agency. If agency calls this a quit instead of a discharge, or a discharge for misconduct/rules violation (absence), benefits might not resume immediately until the he said/she said is resolved. Medical documentation for the absence should override any accusation of misconduct/rules violation.
Assemble all medical documentation which should overcome the absence issue, and documentation of his contacts w/temp agency to prove that he didn't quit. In many states, failure to contact temp agency after assignment ends is considered a quit.
He should reopen his Missouri claim now. The sooner he does that, the sooner benefits will resume. Expect a delay of at least a couple of weeks - at least - while Missouri investigates the discharge.
While they are still fresh, try to get PHONE records from your cellphone or local phone provider. While the records won't substantiate the contents of a call, they do prove that one was made, and claimants that have them have been able to overcome the temp agency that says, "we never heard from him," "this is the first we're hearing of it," or "we thought he quit because he applied for unemployment."
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