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BR-111185 -- Rights of Temporary Workers -- Unsuitable Work

BOR (Board of Review)

The attached Board of Review decision addresses the rights of a worker of a temporary agency to deny a new offer by a temporary agency if the work is unsuitable. The claimant accepted a temporary position from Professional Staffing Group and worked as a "temp" at a placement for approximately 2 years. The job ended with no notice and PSG offered the claimant a 5 week position at slightly lesser pay. The claimant attended a hearing pro se and the Review Examiner denied Unemployment Insurance because the claimant rejected the subsequent placement. The Board remanded and after consolidated facts found in favor of the claimant, accepting the argument that the subsequent offer was "unsuitable work".

The claimant was represented by Brian Flynn of GBLS; he has asked to "Dicerborize" this decision so that it is binding on DUA. He requested this because there have been a number of cases in which adjudicators act as if a worker at a temporary agency is obligated to accept any subsequent placement from a temporary employment agency without any analysis of the UI "suitability" provision; the consequence of this reasoning is that people who try their best to support themselves and their families become perma-temps tethered to a temporary employment agency.

Although the decision has some good language in it regarding "suitability" the Board did not take on the broader argument that a claimant who has worked for a significant period of time at a placement should not be considered a temporary worker and subject to the temporary worker provisions. The redacted Memorandum In Support Of Claimant's Application For Further Review of the Board of Review is also attached.

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PDF icon BR_111185_t_0.pdf404.46 KB
Microsoft Office document icon redacted BOR memo_1.doc49.5 KB
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