Labor Law - Temps and UI

[Rack-a-Bones]

Friend of mine got laid off from work from work yesterday. She had been placed there by a staffing agency so she would be considered a temp I guess.

The company she was temping with had indicated they wanted to keep her on and I think maybe even told her they wanted to hire her when the temp contract was up. Doesn’t this constitute a job offer?

Since she was laid off due to lack of work is she elegible for Unemployment?

This is in Washington state, but even if you are not in WA I’d be interested in experience or knowledge on the subject.

[Markxxx]

Always repeat ALWAYS apply for unemployment. The worst you can do is get turned down and if the company isn’t on it’s toes you can win by default

[dalej42]

The “lack of work” will usually be the key. Check with the state unemployment office, but usually that is eligible for unemployment. I’ve known people who will work with a temp agency which does partial year staffing for certain types of work. The temps are let go when the work runs out. The agency can’t reassign them to anything equivalent so some of the temps will apply for and collect unemployment while waiting for the next job to come along.

Of course, I’m not a lawyer and all that legal stuff.

[Broomstick]

@Rack-a-Bones

Since she was laid off due to lack of work is she elegible for Unemployment?

It depends.

I’ve just gone through yet another round with the unemployment office - at least in my area, people who were laid off due to lack of work, voluntary separation, lay-off’s, reduced hours, and work interruption due to our August tornado and September floods have all received unemployment. And some people with those exact same reasons have been turned down (because other details were different from those collecting).

At present, in my area, we have normal state unemployment, federal extensions, and emergency unemployment connected to the area being declared an official disaster area at one point this year. All of them have slightly different rules and requirements.

I will second the statement: always apply for unemployment. The worst that you will be told is “no”, and there is no penalty for making the inquiry (other than the time and effort to fill out some forms and wait in line a bit).

[Gfactor]

You must have 680 hours of covered employment in your base year to meet the initial requirements to qualify for a claim.

You need to give us the reason you became unemployed.

*
  You are probably eligible if your employer laid you off for lack of work.
*
  We have to make a decision about your eligibility if you voluntarily quit your job, were fired or suspended by your employer, or are on a leave of absence.
*
  We will get information about your separation from both you and your employer. Both you and your employer have an opportunity to respond to each other's version of the separation. We will then issue a written decision based on the information we gathered.

http://www.esd.wa.gov/uibenefits/apply/eligibility/am-i-eligible.php

Contact those folks for more information. In fact, you can apply online here: https://fortress.wa.gov/esd/uia/icintro/intropage.aspx?lang=en-us I recommend doing that now. The worst that could happen is that they would deny the claim.