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Jul 16, 2008, 01:46 PM
I was fired today and here is why. I work(d) 7-3:30 M-F. We got a paid break from 930-945 and an unpaid lunch from 12-1230. Three times over the past two weeks (the third time being today) I have gotten hungry around 130 and gotten a cup of Ramen noodle soup out of the break room to snack on while I worked. We are allowed to have food and drink in the work area. I never stopped working while I snacked, just a forkful here and there over the course of twenty minutes for so WHILE I WAS WORKING. Nothing was ever said about it. So at quitting time today, my supervisor calls me into his office and informs me that they are letting me go for eating on the clock. I asked him why nothing was said before now if it was a problem and he had no answer for me, just had me fill out my time card and showed me the door. How is that right? I am the kind of guy who, if you tell me one time that there is a problem, it doesn't happen again. I have been there six weeks now and only one time has something been said to me and that was a totally unrelated issue and it never happened again. He claimed it was out of his hands and was the owners decision. Anyway, I was working for them through a temp agency on a temp to permanent hire basis. They called the temp service and terminated my contract. So now I am out of work until the temp agency find me something else and I don't think I can get unemployment because the temp agency was the one writing my checks and they haven't fired me. I have a girlfriend and two kids so what the heck am I supposed to do?!
Jul 16, 2008, 02:22 PM
Legally they are allowed to let you go. Temporary agencies for the most part are at will employees which means they can let you go because they decided they didn't like the color of your hair.
I hope you explained to the temporary agency.
Sounds to me like they could say other reasons they were not happy with you
One incident of any one thing is rarely why a company lets a worker go.
Jul 16, 2008, 02:22 PM
If this was a temporary assignment, you apparently displeased them for whatever reason - that's why they hired a temporary from a temporary agency. You may be able to collect unemployment benefits. You should contact the unemployment office and discuss this with them. The temp agency didn't "fire" you as the job was temporary.
Jul 16, 2008, 02:26 PM
Generally even with working for the temporary agency you may be able to collect unemployment if you meet the requirements.
They are generally stuff like you were employed 13 weeks out of the last so many months.
You are actively looking for work.
Jul 16, 2008, 04:43 PM
The unrelated incident that I mentioned involved the operation of a forklift. My superviser had told me on numerous occasions to operate the lift even though I was not certified by the company to operate it and he knew it. As I moved a pallet on day, I stuck the forks in too far and poked a hole in the exposed insulation. He ripped me a new one for doing so, even though he had told me that I could use it if I needed to. I never looked twice at the forklife after that and even refused to use it twice.
Jul 16, 2008, 07:48 PM
Yep, they can stop the use of your ( fire) by the temp agency anytime they want for any or no reason as long as it was not for a reason that is protected. Esp with temp agency.
If you would otherwise qualify, you can file for unemployment and I would , the worst that can happen is they deny it.
Jul 18, 2008, 11:03 AM
Yes, i'll go along with Fr Chuck on this one...you didn't walk out of your own accord you were basically sacked, so you should be ok with unemployment claim.
I think it's only if you leave voluntarily they make you wait so many weeks
Jul 18, 2008, 11:12 AM
I agree with Fr_Chuck also, but I will add that some unemployment agencies will tell you that you can't qualify if you were terminated for a "just cause" reason. Which means they have valid "proof" that they gave you a verbal and written warning prior to your termination. (ie 3 strikes) but like Chuck said it can't hurt to try. ;)
Jul 18, 2008, 11:17 AM
I do not see where he was given any verbal warning and I always heard that the jobs that temporary agencies send you to are allowed to call the temp agency and say they do not want you back for whatever reason whatsoever.
I think it is basically your word against theirs and they do not even have to have a reason.
Worth trying to get some unemployment but I doubt it will happen.
Jul 18, 2008, 11:24 AM
Yeah, figuring the verbal warning about forklift would count. And I don't know about temp agencies and their rules. But was just commenting on unemployment rules that I have experienced. But like you said earlier, Op will have to see if they qualify.
Jul 18, 2008, 11:34 AM
I won my unemployment case when I was let go "just cause" I'd only been told something once and it was unrelated, and I didn't something else and they fired me. It took a few weeks (8) but I got my unemployment benefits finally. So it doesn't hurt to try.
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