UI in MA - temp job interfering with prior UI claim - don't know what to do. (payment, qualify)

[rongianti]

Please help.

At the end of August 2012, I was laid off from a company that moved my job to another state. I was on unemployment in Mass from September through December. I had a possible job opportunity for the spring that would require me to leave the state. In the meantime, I got a job offer for January through March with no possibility for a permanent job, which would be better than no job and/or waiting for the job in April, so I took it.

At the end of the 3 months I finished my full time, temporary job, but my prior April plans fell through and I was out of a job again, so I went back on unemployment. Two weeks into April, the payments stopped. I called in to UI and (one week later when I finally got through to someone) was told there was an "issue" with my claim and they would call me in 6 - 8 weeks! No explanation given. Well, I figured finding a job was the way out of this mess so I just decided to let it play itself out while I found a job.

Unfortunately, I did not get another job. After the 8 weeks I went to the MA UI office and was turned away because their computers were being upgraded. When the new system was in place, there was a questionnaire asking me why I quit my 3 month job! I didn't quit, it was given as 3 months and I finished it. The client made it clear there was no possibility for it becoming a full time position right from the start, but it would be the temp agency that said I quit, not the client.

I filled out the misleading questionnaire ("why did you quit?". I DIDN'T quit. "Did you give them notice you were quitting?" I DIDN'T QUIT!) and submitted it on the new MA UI system. I just called UI again after being hung up on by their system 15 times in the last few days and was told I had to just wait.

Its now been 12 weeks since I collected my unemployment. I have faithfully kept job search logs during this time and applied for unemployment every week, though without getting paid.

Each week I've talked to someone for the last 3 weeks, they tell me it will be resolved "soon" and nothing happens. I wrote a letter about this and sent it to the Mass UI problem resolution address in Boston last week. I called in today and they said they have my questionnaire and they will get back to me "some day". No deadline, no promises. They have withheld my benefit with no hearing and no input from me for 3 months.

Is it time to get a lawyer? Is there someone I can call? Why does the 3 month employer (who I thought I left on good terms with!) get to hold up my UI claim for longer than I even worked there?

If taking a temporary full time job offer means they can hold up your UI payments indefinitely, why would anyone take a temporary job?

[Ariadne22]

Originally Posted by rongianti

If taking a temporary full time job offer means they can hold up your UI payments indefinitely, why would anyone take a temporary job?

The temp agency reported your job as a quit. Happens all the time. They lie so their account won't be charged for your benefits. It is SOP for many agencies.

Indeed, this is one reason (among many) why Chyvan, in particular, warns repeatedly about not taking temporary work while on UE.

Your recourse now is to IMMEDIATELY email and call your elected state representatives on this delay. MA, from other reports, is particularly difficult to deal with on issues like this.

You should have been scheduled for a phone interview within four weeks, at the very least.

Know that it doesn't matter that YOU say you did not quit. If the temp agency reports a quit, they have to prove it or you have to disprove via emails, etc. MA isn't even giving you the opportunity to do that.

At this point, you need to be VERY AGGRESSIVE to get MA off the mark. First step is contact your elected state representatives. People in other states have had their issues resolved immediately.

[Chyvan]

I think you quit. You just don't know it.

Losing umeployment insurance benefits by finding temp work? - The Job Doc Blog - Boston.com

“Once you accept an assignment with a temp agency you are obligated to check with them for additional work upon completing each assignment before reactivating your Unemployment Insurance claim. By law, failure to contact them for additional assignments is considered "quitting" and can be disqualifying.”

I bet you didn't contact the agency. "which would be better than no job," when UI benefits are involved, this a falacy. Sometimes staying in the system and not working is the correct choice.

[Mosela]

OMG I am floored reading this.
I really wish I had some advice for you ....You said you went to the unemployment office, was it the one downtown ?
Just asking cause I was there the other day and find them someone helpful.

This really bugs me reading this, cause I been talking to a few agencies today and yesterday about potential temp jobs that last 3 months. .... What should I do now, not take them, I figure it would get me of unemployment ...

[Chyvan]

It'll get you off unemployment, but if you don't know the UI rules inside and out, it might keep you off unemployment for a very long time.

It's easier to handle a refusal of work, than to accept a temp job and try to get back into the system.

You hope they don't call you first off because then there is no refusal of work to deal with. If they do call and make an offer, be sure you know what "suitable" work might be for you. It's very individualized. What might be suitable for you might be unsuitable for someone else.

[Mosela]

I don't understand why the temp agency said he quit ? Why would they even do that ? ... I mean his/hers unemployment is based on the original claim from August....

[Ariadne22]

Originally Posted by Mosela

I don't understand why the temp agency said he quit ? Why would they even do that ? ... I mean his/hers unemployment is based on the original claim from August....

As I said above, because they don't want their account to be assessed additional taxes because he reopened his claim. They were the last employer, they are now partially responsible for this claimant's benefits. Temp agencies lie all the time about this. Even when the employee has been communicating with them about possible new jobs. Temp agencies can present annoying obstacles to resumption of benefits. In OPs case, MA is so messed up, he can't even present his evidence that he didn't quit. Everyone - the temp agency and the State of MA - are hoping he'll give up his pursuit of benefits. Stall, stall, stall - delay, delay, delay. Let the issue continue for as long as possible. With any luck at all, claimant will go away. Most people do just give up.

[Mosela]

Originally Posted by Ariadne22

As I said above, because they don't want their account to be assessed additional taxes because he reopened his claim. They were the last employer, they are now partially responsible for this claimant's benefits. Temp agencies lie all the time about this. Even when the employee has been communicating with them about possible new jobs. Temp agencies can present annoying obstacles to resumption of benefits. In OPs case, MA is so messed up, he can't even present his evidence that he didn't quit. Everyone - the temp agency and the State of MA - are hoping he'll give up his pursuit of benefits. Stall, stall, stall - delay, delay, delay. Let the issue continue for as long as possible. With any luck at all, claimant will go away. Most people do just give up.

Thank you for explaining this, this helps me out a lot .. since I been talking to agencies .. so I need to be careful.


Rongianti, have you gone downtown and attempted to talk to someone ?

[rongianti]

Wow, I'm speechless. Thank you all for your help. After HOURS on the phone with UI, none of this was explained to me. I come here and get an answer from you fine folks in a few minutes. Much thanks.

NONE of this was explained to me when the temp agency offered me the 3 month contract. I still have his original emails that ask if I want a 3 month job and I forwarded them to the UI resolution address, but I'm not sure who will see that and when. All the conversations about the future were done on the phone and they didn't have any work to offer me when the 3 month contract ended. Looking back now, I believe they wanted the client to change their mind and hire me full time (the position was originally a full time position, the client had just decided they only wanted 3 months when the job was offered to me) after I left, thinking the client would realize they needed a full time permanent staff. Its clear now that all the damning conversations about their lack of work were deliberately left out of emails.

Originally Posted by Mosela

Rongianti, have you gone downtown and attempted to talk to someone ?

For weeks I have tried to get through on the phone and haven't been able. I just went again on Tuesday, got 2 hour parking and walked up to see a line downtown Boston that went out the door and down the block. I stayed for 1/2 hour and did the math in my head and realized that it would take at least another hour just to get near the door, never mind going inside and signing up so I made a call at home later instead and got through. I explained to the person on the phone that I have been without my UI payment for 12 weeks now and asked when I would hear from a claims adjuster. He said they would call me when they call me. No promises. So I said "so, it could be 12 MORE weeks? Or never? Or 3 years? Do I have NO rights? Is there NOONE I can talk to about this?". He said "Don't take that attitude! We are all very busy here!". I said, "how about you pay me my benefit while I'm forced to wait then", he said "that's not how we do it". "So, the employer lied, and you believe him, and I get nothing and have no rights while I wait?". He said a claims adjuster would call me when he got around to calling me.

Well, everyone who is offered a temp job should understand that the temp agent may act nice, shake your hand and tell you that you did a good job and he will be in touch, like mine did, but they WILL stab you in the back. I wish I'd known my rights back then. I may have taken the job anyway, but only after getting EVERYTHING in writing stipulating that they would not contest my UI unless they gave me a comparable job when it ended. At this point, taking that 3 month job has cost me 4 months of unemployment. In the end, I may have worked that job for free.

[Ariadne22]

Originally Posted by rongianti

He said they would call me when they call me. No promises. So I said "so, it could be 12 MORE weeks? Or never? Or 3 years? Do I have NO rights? Is there NOONE I can talk to about this?". He said "Don't take that attitude! We are all very busy here!". I said, "how about you pay me my benefit while I'm forced to wait then", he said "that's not how we do it". "So, the employer lied, and you believe him, and I get nothing and have no rights while I wait?". He said a claims adjuster would call me when he got around to calling me.

Like I said upthread, this is what you do NOW:

Originally Posted by Ariadne22

Your recourse now is to IMMEDIATELY email and call your elected state representatives on this delay.

At this point, you need to be VERY AGGRESSIVE to get MA off the mark. First step is contact your elected state representatives. People in other states have had their issues resolved immediately.

If you are passive and do not take further initiative, you will be waiting indefinitely.

Is there any reason why, at this point, you would not contact your elected officials? That is what they are there for. Others on this board have had very good results doing that.

Let us know what you do next.