09.32.02.07-2

.07-2 Temporary Help Firm Former Employees.

A. Applicability. This regulation does not apply to claimants granted work-search exemptions under Regulation .07 of this chapter.

B. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Temporary help firm" means an entity that assigns its own employees to perform services for clients on a nonpermanent basis.

(b) "First week claimed" means the first week of benefits claimed in an initial claim.

C. Not Actively Seeking Work.

(1) Unless the claimant makes the showing required in §C(2) of this regulation, the Secretary shall determine that a claimant does not meet the "actively seeking work" eligibility condition during the first week claimed if:

(a) The claimant's last employer is a temporary help firm;

(b) That temporary help firm advised the claimant in writing before the end of the claimant's most recent work assignment that failure to request a new work assignment at the end of the current work assignment could result in a delay or denial of benefits; and

(c) That temporary help firm submits information, supported by contemporaneous documentation prepared in the ordinary course of business, for example, a telephone log, that the claimant did not request another work assignment after the claimant's most recent assignment ended.

(2) The claimant may avoid the Secretary's determination in §C(1) of this regulation if the claimant shows that the claimant:

(a) Did request another assignment; or

(b) Had good cause for failing to request another assignment.