UNEMPLOYMENT INSURANCE

All employees in New Jersey, including temps, are covered by the Unemployment Compensation Law.  Unemployment insurance provides money to unemployed workers while looking for jobs.  But it can provide more, if a worker qualifies.   Unemployment can be a way to get training for a better job.  If you are stuck temping because you need skills that employers seek, or if you want to start a new career, then you may be able to receive job training while you collect unemployment.

When a job assignment ends, if the temp agency does not have a new assignment, they are required to provide you with information on applying for unemployment insurance.  If your temp agency does NOT provide you with this information, you should complain to the Department of Labor/Division of UnemploymentYou should also contact us.

Unemployment insurance is important to everybody, but it is vital to temps.  Temps often have downtime between assignments, a week or so after an assignment ends and before the next one starts.  During these weeks, temps can and should apply for and receive unemployment insurance.  But unemployment insurance has special rules that apply only to temps.  Every temp agency has the equivalent of a bank account with unemployment insurance.  Your unemployment check creates withdrawals from their "bank account."  If the account's balance is too low, then the temp agency's tax rate increases.  As a result, if you file a claim which draws from their account, the temp agency will try to get you back to work quickly. 

The temp agency will off you any job at all -- even if it is for only a few days, even if it is scheduled during odd hours (night shift), even if the pay is very low, or even if it is far away from your home.  The agency wants to get you off unemployment benefits as quickly as possible, and offering you a job, any job, will satisfy them.  If you refuse to accept their sub-standard temp assignments, then you will not be able to collect unemployment insurance.  The temp agency will report you as a "voluntary quit," and under current laws, no worker receives unemployment insurance if they choose to quit voluntarily. 

If you have a problem with your unemployment insurance, or if your temp agency starts offering you lousy temp assignments and you are not sure if you have to accept them, call or e-mail us.    We can tell you what your rights are, how to appeal, and we can accompany you to the appeal.

 

DISCRIMINATION

Title VII of the Civil Rights Act of 1964 creates a cause of action for employment discrimination based on race, color, religion, sex, and national origin.  The New Jersey Law Against Discrimination (LAD) prohibits discrimination in employment due to race, creed, color, national origin, ancestry, age, marital status, affection or sexual orientation (lesbian, gay, bisexual, transgender), familial status, or sex.  These laws apply to temp workers.   Depending upon the circumstances, either the temp agency or the client firm (or both) will be considered the temp's employer.  If you believe that you have been discriminated against for any of the reasons mentioned earlier, you may either file a complaint with the Division on Civil Rights or file a lawsuit.

In some cases, LAD and Title VII provide for attorney's fees, so you may be able to find a lawyer to work your case without any cost to you.  But remember:  time limits are short for filing charges and the procedure involving federal and state laws and regulations is complicated.  Consult an attorney quickly if you are victimized.

 

AGE DISCRIMINATION

The federal Age Discrimination in Employment Act and LAD protect people over 40 years old from age discrimination.  It is against these laws to hire or to fire someone because of their age.

It is also against the law to pay someone less, or to provide worse terms of conditions in employment because of age.  It is against the law for a temp agency to commit any of these actions, or to classify or refuse to refer someone for employment because of their age.

 

EQUAL PAY FOR MEN & WOMEN

Under New Jersey and federal law, men and women must receive the same pay for the same work.  This law provides recovery of the full amount of the difference between your salary and that of your co-workers where the difference is a result of discrimination based on sex, plus the same amount as damages.  Since temp workers are protected by the Consumer Fraud Act, this amount may be tripled.  There is provision for attorney fees and costs of suit, so if you  believe that you are or have been discriminated in pay because of your sex, you should be able to find an attorney to represent you without cost to you.

 

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