R994-405-2. Separations From a Temporary Help Company (THC)

  (1) THC is defined in R994-202-102. Because the THC is the employer, eligibility for benefits of employees of a THC and the THC's liability for claims is based on the reason for the separation from the THC and not the reason for the separation from the client company. Once the Department determines the type of separation, it will then use the following rules to determine eligibility:

  (a) R994-405-101 et seq. for a voluntary quit;

  (b) R994-405-201 et seq. for a discharge or reduction of force;

  (c) R994-405-210 et seq. for a discharge for a crime.

  (2) If there is no contact between the claimant and the THC within a reasonable period of time after the assignment ends, the separation is considered a voluntary quit. A reasonable period of time is generally considered to be whatever is stipulated in the employment contract between the claimant and the THC but must be at least two business days.

  (a) If it is an initial or reopened claim, the contact must be before the claim is filed or it is considered a voluntary quit.

  (b) If the THC informs the claimant about the end of an assignment, the requirement for contact is considered to have been satisfied.

  (3) If the claimant and the THC have the required contact and:

  (a) the THC is willing to send the claimant out on future assignments, but no new work is offered, the separation is considered a reduction of force;

  (b) the THC refuses to send the claimant out on any future assignments, the separation is considered a discharge;

  (c) the THC suspends the claimant from future assignments for a specific period of time, the separation will be adjudicated as a discharge if the claimant files a claim during the suspension period. If the claim is filed after the suspension period is over, and no new work has been offered, the separation is considered a reduction of force; or

  (d) the claimant refuses an offer for a new assignment, the job separation is a quit if the new assignment is similar to his or her previous assignments. The separation is a reduction of force and an offer of new work if the new assignment is substantially different from the previous assignments. The elements listed in R994-405-306 should be considered in determining if the new assignment is similar to past assignments.

  (i) If the only work available is the assignment the claimant just left and the claimant refuses to return to that assignment, the separation is considered a voluntary quit.

  (ii) If the claimant is no longer able to perform the type of work previously performed for the THC and the THC agrees to send the claimant out on work he or she is able to do when it is available, the separation is considered a quit and the THC may be eligible for relief of charges.