Working as a Temp Worker Is the New Normal
Eligibility for Oklahoma unemployment benefits is based not only on the manner in which you separated from your prior employment, but also on the duration of time you worked and the amount of pay you earned. Unemployment benefits are meant to help those who become unemployed through no fault of their own as long as they are actively seeking work. This includes temp workers.
Generally speaking, if you quit a temporary job without meeting the just cause requirement, you will not be able to collect benefits. Likewise, if you were terminated from your temporary position for misconduct, you may not be able to collect benefits.
However, if you complete the term of the temporary position but are not provided additional temporary work through that agency, you should be able to collect benefits. If you had already filed for unemployment you should be able to resume collecting benefits as long as your benefit period has not expired.
Voluntarily Leaving a Temporary Position
Temp workers are deemed to have left their last work voluntarily without good cause connected to the work if the employee does any of the following:
- Fails to contact the temporary help firm for reassignment upon completion of an assignment in the manner prescribed by the temp firm;
- Refuses a suitable job assignment, without good cause;
- Informs the temp agency of his or her decision to cease seeking or accepting assignments for any period of time;
- Becomes unavailable to accept a suitable job assignment, without good cause; or
- Accepts employment with a client of the temporary help firm. OESC § 2-404.1; Okla. Stat. 40 § 2-404.1.
A temporary worker is considered to be an employee of the temporary work agency or firm. In order for these limitations to be effective, the worker must have been advised of their obligations and been provided a copy of a document that clearly outlines these provisions and that clearly states that unemployment benefits may be denied for failure to comply.
Oklahoma Base Periods
Oklahoma looks at a one-year base employment period to determine benefit amounts. Oklahoma looks at quarters. The base period is the earliest 4 of the 5 complete calendar quarters before the filing of a benefits claim.
In Oklahoma, you must have earned at least $1500 during your base period and you must have earned at least 1.5 times your earnings in the highest quarter of the period you are using. However, if you have made $20,100 or more taxable base period earnings, you will be eligible even if all of your earnings were from one quarter.
Case Applications Of Temp Workers
A hiring of a worker as a temporary-to-permanent worker is not a temporary work position under the Oklahoma statute. It is more like an audition for a permanent position than it is a temp worker position. ( 14 AT 04547 BR)
In an interesting case, a temp employee had been working in a long-term contract temp worker position. The contract was extended and she continued to work until the contract ended on a Friday. Under the terms of her agreement with the temp agency that hired her, she was required to call the agency within 24 hours to indicate that she was available for future assignments.
She called on the following Monday, the next working day after the expiration of the contract. She gave the agency her contact information so that they could contact her to work. Benefits were allowed.
The employee had done everything that was required of her. Her status was still that of a temporary worker even though he contract was over a year in duration. Nothing in the law stipulates the length or duration of temporary work. (14 AT 05132 BR)
Unemployment benefit cases are determined on a case-by-case basis. And small facts in these cases can make a big difference. Seek the help of an expert in the unemployment field in Tulsa. Only an experienced unemployment lawyer can help you protect your right to benefits.
Free Consultation: Oklahoma Unemployment Attorney in Tulsa
Don’t go this one alone. It is important to get the help you need. An unemployment attorney can work for you t0 protect the benefits you earned. To set up your free consultation with the Oklahoma Unemployment Experts attorney’s office, call (918) 923-3776, or click the button below to sign up for a no-obligation unemployment consultation now.