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Isabella Brown

Can I get TWC benefits after being laid off from a temp agency job?

My temp agency just told me they don't have any more assignments for me right now. They didn't officially fire me but said they'll "call when something comes up" which could be weeks or never. Can I apply for unemployment benefits in this situation? I've been with this agency for about 4 months working at the same warehouse. I'm worried because I've heard temp workers get denied benefits. Has anyone successfully gotten TWC unemployment after temp work ended?

YES you can apply! I was in your exact position last year. Temp agencies hate when you file for unemployment because it affects their rates, but if they can't provide you with work, that's literally what unemployment is for! Just make sure you report that you're still technically 'employed' by the agency when you file, but have no hours. The TWC will contact them to verify there's no work available. Don't let them tell you that you can't file - it's your RIGHT.

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Thank you!! That's a relief. Did you have any issues with the agency fighting your claim? I'm worried they'll say I rejected an assignment or something (which I didn't).

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You need to be careful with how you file. Technically, you're still employed by the agency, but you're on "standby" with no hours. When you file your initial claim, make sure you list the temp agency as your employer and indicate they have no assignments available. Don't say you were laid off - that's different. Select "still employed but no work available" if that option exists. If they haven't formally separated you, but just haven't given you hours, that's a reduction in hours which can qualify for benefits. This is important: the temp agency will be notified of your claim and will have to verify whether work is available. Some agencies will offer you a new assignment immediately just to fight the claim. If they offer you suitable work and you refuse it, you could be disqualified. Document all communication with them.

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Yep this is 100% right. I worked for manpower and when i filed they suddenly found me a job lol. But the job was 2 hrs away and paid less than my last assignment so TWC ruled in my favor when the agency contested.

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Ava Kim

The temp agency situation is so frustrating. When I filed after my assignment ended, I got stuck in an endless loop of trying to contact TWC because the agency contested my claim saying they had "other available work" (which they didn't actually offer me until AFTER I filed). I spent weeks trying to get through to talk to someone at TWC. I finally used Claimyr (claimyr.com) to connect with an actual TWC agent. They have this service that gets you through to a real person instead of dealing with busy signals all day. They have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh Once I actually talked to someone, I explained the situation and they approved my benefits. The temp agency issue is super common and TWC knows how to handle it, but you NEED to talk to an actual agent.

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is that service legit? i've been calling TWC for 2 weeks straight with no luck. spending all morning on hold is killing me.

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Ava Kim

Yes it's legit - I was skeptical too but it actually worked. I got through to someone in about 20 minutes instead of trying for days. Worth it when you're desperate to resolve claim issues.

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I work at a workforce center and help people with TWC claims. Here's what you need to know: 1. Yes, you CAN receive benefits when a temp assignment ends if the agency doesn't have immediate additional work for you. 2. The key phrase is "reduction in hours" - you're still technically employed but with zero hours. 3. IMPORTANT: When you request payments, if they ask if you're looking for work, say YES. Keep doing your work searches (3 per week) even though you're technically still with the agency. 4. The temp agency may contest your claim (they often do), but if they truly don't have work for you, TWC will typically rule in your favor. 5. Document EVERYTHING - dates they told you no work was available, any offers they make after you file, etc. 6. If your claim gets denied initially, APPEAL! Many temp workers win on appeal when they can show the agency had no suitable work available.

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This is super helpful, thank you! Should I tell the agency I'm filing, or just go ahead and do it? I'm worried they'll suddenly find me some terrible assignment to avoid the claim.

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You have no obligation to tell them you're filing. In fact, it might be better not to. They'll be notified automatically by TWC when you file. Just make sure you're honest in your application about still being attached to the agency but having no hours/assignments.

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BE CAREFUL!!!! The temp agencies are SLIMY about this!!! I filed after my warehouse assignment ended and my agency called me THE NEXT DAY with a "new opportunity" that was minimum wage and 40 miles away (my previous job was $18/hr and 15 min from home). When I said that wasn't comparable work, they reported to TWC that I "refused suitable work" and my claim was denied!!!! I had to appeal and go through a whole hearing process. It was AWFUL. The system is rigged against temp workers!!!

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omg that's exctly what happened to my cousin!! temp agencies are the WORST

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just filed my 2nd payment request after my temp job ended. one thing nobody mentioned - make sure you list the agency as employer NOT the place u were working at. i messed this up and had to call twc to fix it. also idk about others but my claim took like 3 weeks to process so have some savings if u can

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That's a good point about listing the agency and not the worksite. I'll definitely do that. Unfortunately, I don't have 3 weeks of savings so I'm hoping it goes through quickly.

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UPDATE: I got through to TWC this morning (after trying for days). The rep said that due to the current economy, they're seeing a huge increase in temp agency claims being approved right now. She confirmed that having your assignment end with no replacement IS considered a lack of work situation. She also said it's SUPER important that when you file, you indicate you're available for ALL shifts and days. Apparently some temp workers get denied because they have availability restrictions.

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This is great advice! I got denied initially because I said I couldn't work nights due to childcare issues. When I appealed and showed I had arrangements for evening childcare if needed, they approved me. The system looks for ANY reason to deny temp workers!

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i work for a different temp agency now but got benefits last year when my assignment ended. one weird thing was my benefit amount was super low because they only counted the weeks i actually worked, not the full quarter. just be prepared that your weekly benefit might be less than you expect.

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This is because TWC calculates benefits based on your highest earning quarter in the base period. With temp work being intermittent, this can result in lower benefit amounts. They divide your highest quarter earnings by 25 to determine your weekly benefit amount (subject to the maximum).

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One more important detail: when you request your payment every two weeks, if the temp agency contacts you about ANY potential work during that period, you must report that contact on your payment request, even if you didn't accept the assignment. Failure to report these contacts can result in an overpayment determination later. Also, make sure you're doing and documenting at least 3 work search activities each week. For temp workers, TWC is particularly strict about verifying these because they want to ensure you're actively looking for work while waiting for the agency to call.

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Thanks for this advice. Should I be applying to jobs outside the temp agency too? Or does just being available for the agency count as my work search?

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Being available to your temp agency does NOT count as work search activities. You need to be actively applying for jobs, attending interviews, registering with WorkInTexas.com, etc. Document each activity carefully with dates, company names, and positions. TWC can audit your work search logs at any time.

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I went through this exact situation 6 months ago with Express Employment. Here's what worked for me: I filed immediately after they told me "no assignments available" and was honest that I was still technically employed but with zero hours. The key is documenting EVERYTHING - I kept screenshots of all texts/emails from the agency saying no work was available. When they inevitably contested my claim (which they did after 10 days), I had solid proof they couldn't provide work. My advice: don't wait around hoping they'll call with something better. File now while you have clear documentation that no work is available. The longer you wait, the harder it becomes to prove the timeline. Also, start your work search activities immediately - apply to direct-hire positions too, don't just rely on the temp agency. TWC wants to see you're actively seeking permanent employment, not just waiting around for temp assignments.

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This is exactly the approach I wish I had taken! I made the mistake of waiting 3 weeks thinking my agency would find me something, and by then it was harder to prove when the "no work available" period actually started. Your documentation strategy is spot on - I'm saving screenshots of everything now. Did Express fight your claim hard, or did they give up once you showed the documentation?

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I'm in a very similar situation right now - my temp agency (Staffmark) told me last week that my assignment ended and they'd "keep me in mind for future opportunities." Reading through all these responses has been incredibly helpful! I'm definitely going to file this week based on everyone's advice. One question though - for those who successfully got benefits, how long did it typically take from filing to receiving your first payment? I know @Emma Garcia mentioned 3 weeks to process, but I'm wondering about the timeline from approval to actually getting paid. I'm trying to budget accordingly since my last paycheck was already pretty small due to reduced hours in my final week. Also, has anyone dealt with Staffmark specifically? I'm curious if they're one of the agencies that typically contests claims or if they're more reasonable about it.

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I haven't dealt with Staffmark specifically, but based on what I've seen with other agencies, they'll probably contest your claim - most temp agencies do because it affects their unemployment insurance rates. The good news is that if you have documentation showing they told you the assignment ended and have no immediate replacement work, you should be fine. As for timing, once your claim is approved, you usually get your first payment within 2-3 business days after you file your first payment request. But the tricky part is getting to that approval stage - if they contest it, you might be waiting weeks for a hearing. That's why documenting everything now is so important. Save any texts, emails, or voicemails where they told you the assignment was over or that they don't have work available. One tip: when you file, be very clear about your last day worked and that you're available for full-time work with any schedule. Good luck!

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