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    jepimpalot's Avatar
    jepimpalot Posts: 5, Reputation: 1
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    #1

    Sep 2, 2009, 02:23 PM
    Should she receive Unemployment
    This story takes place in the state of PA. So my girlfriend was working at this temp agency for about 4-6 months on and off. One day her boss got into a fight with her and raised his hand at her and make her look like a fool in front of everyone talking about her medical history and all kinds of stuff. Well one night she was told she had to stay late... so she stayed an extra 45 minutes well her other employees told her "boss" that she was doing her job wrong although no one actually showed her how to do this job. Well after a lot of yelling and screaming her "boss" told her that she is worthless and that they do not need her and she should not come back. The next day she went to her doctor explaining the situation... she already had some anxiety problems. The doctor told her that the environment she is working in was unsafe and gave her a medical leave of absence and told her not to be in contact with them anymore. When her and her boss was having this argument he was saying stuff like oh your nobody you do not come from a good family and so on and so forth. Well about 2 months after she was fired her "boss" showed up at her house with some stuff that was not even hers. He did this just to see where she did live and if she really did have a nice house and nice things. Well now since her doctor wrote her a note saying that it is unfit for her to work there will she be able to collect unemployment. They are trying to say it's a volunteer which it really was not it was just an unsafe and unpleasant place to work.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Sep 2, 2009, 02:27 PM

    I do believe you have to have worked something like 90 weeks to be eligible for unemployment.
    Did she work anywhere prior to that within the past year?
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #3

    Sep 2, 2009, 02:29 PM
    What complaints and information did she tell the temporary agency, who is her employer?
    jepimpalot's Avatar
    jepimpalot Posts: 5, Reputation: 1
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    #4

    Sep 2, 2009, 02:36 PM
    She did work before she was actually on unemployment and was collecting partials and then worked for this company for about 4-6 months but yes she was employed for a LONG time before the lay off she should have her "emergency unemployment" but they want to open a new claim
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #5

    Sep 2, 2009, 02:40 PM
    What did her denial say?
    Who did she file unemployment against?
    Although she was let go from her contracted place of employment, she was not terminated by her actual employer. Who would have been able to place her with a new place of employment had she spoken to them about the situation. With an excuse from work for the time being it would be an unpaid leave anyway.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #6

    Sep 2, 2009, 02:47 PM
    Quote Originally Posted by N0help4u View Post
    I do believe you have to have worked something like 90 weeks to be eligible for unemployment.
    90 days, not 90 weeks darlin. 90 weeks is almost two years.

    Now, back to the OP. Did she contact the temp agency? If she was still under contract the temp agency was her boss. IF she was still under contract, most likely the temp agency will release this creep from their employ and no longer send them temps.
    jepimpalot's Avatar
    jepimpalot Posts: 5, Reputation: 1
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    #7

    Sep 2, 2009, 02:53 PM

    When she left that day of the fight her boss said "get out of here we don't need you we can replace you" And the next day she went to the Doctor and told her what was going on he said that its unfit and not to go back. She was not an actual temp she worked in there office as there administrative assistant. When she called the next day to talk to her manager not the "boss" and someone had already replaced her and wouldn't let her talk to anyone. This was an ongoing problem with her and her "boss". She called me many times from the bathroom crying about how unfairly she was being treated and how mean her boss was.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #8

    Sep 2, 2009, 02:55 PM
    Ok, so then, her contract was up with the temp agency then? She was legally employed by this creep?

    Actually sounds like an attorney I worked for once.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #9

    Sep 2, 2009, 03:03 PM

    Maybe it was 120 days?
    I know I worked around 90 days and they said I wasn't eligible.
    jepimpalot's Avatar
    jepimpalot Posts: 5, Reputation: 1
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    #10

    Sep 2, 2009, 03:49 PM

    Well he told her to not come back then the next day she went to her doctor to see about her social anxiety and when she told the story of the day before that her boss literally put his hand up to her and talked about her personal medical background make her stay 45 minutes extra with no pay her doctor told her that it was an unsafe working environment and she should not go back and faxed her work a letter the next day saying she would not be back because he felt it wasn't safe for her to work there this place is run like a circus its ridiculous
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #11

    Sep 2, 2009, 04:53 PM

    You never actually answered the question of just WHO was her employer. WHO paid her paycheck? The temp agency or the company where she was working at? This will make a huge difference in if she is eligible for unemployment. Also if they wanted to open a new claim versus use the old claim they have every right to open a new claim as the original claimant year has probably come and gone and technically it would fall under the new claim guidelines.

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