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Burbank, CA |

My question when you are a temporary employee that is having a problem at your assisgnment do we as temp employees have any protection? I was recently in a situation where i went home sick from a temp job and the company said i quit. whcih i did not quit. now my edd benefits is being denied.

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Posted

Your Employer can terminate you for any reason that is not discriminatory. Fair and discriminatory are not interchangeable. If you believe you did not quit, you can Appeal the EDD determination, but you only have a short period. You will be granted an Administrative Hearing, and a determination will be made on the facts. Make sure your story is clear, consistent and supported by written evidence or sworn affidavits. Your prior post has already shifted facts to put your situation into the best subjective light, but objective facts are what will carry the day in your Appeal.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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Thank you

Posted

You should immediately appeal the denial of your EDD benefits. The time limits are short. For more information on how to appeal go to:

http://www.edd.ca.gov/Unemployment/First_Level_Appeal.htm

Going home sick from work is disregard for the employer's interest. If you have any documentation supporting you illness, it will be helpful. Documentation would include a doctor's note or an email to your employer stating you were sick and need to go home.

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Posted

Temporary employees generally have the same protections that full time regular employees have under the Labor Code and the Fair Employment and Housing Act. Depending on the number of hours worked and the length of employment, the label of "temporary" does not automatically disqualify such an employee from any protective statutory scheme.

Furthermore, if you are a temporary employee where you are paid by one company and work for another, you might have a joint employer situation where both employers owe duties to you.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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