The Special Rule That Traps Temporary Workers

If you work through a temporary staffing agency in Ohio, you face a unique requirement that doesn't apply to other workers. Under R.C. 4141.29(A)(5), if your employment agreement requires you to contact the agency for new assignments after each job ends, failing to do so can disqualify you from unemployment benefits—even if no suitable work was actually available.

This provision has become a significant source of benefit denials for temporary workers who believe they're following the rules but get caught by this specific requirement. Understanding when this obligation applies and how to protect yourself is crucial for maintaining your eligibility for benefits.

What R.C. 4141.29(A)(5) Actually Says

The statute provides that a temporary worker "is not considered unable to obtain suitable employment if suitable work assignments are available with the employer but the individual fails to contact the employer to inquire about work assignments."

This creates an affirmative duty: when you're required by your employment agreement to check back with the agency, you must do so, or risk losing benefits. Courts have confirmed that this provision "places an affirmative duty" on temporary workers to contact their agencies about available assignments.

When the Check-Back Requirement Applies

The Agreement Must Require It

Not all temporary workers have this obligation. The requirement only applies if your terms and conditions of employment specifically require you to contact the agency for new assignments after each job ends. This must be an actual contractual requirement, not just the agency's preference or general practice.

Look for language in your employment agreement like "Employee must contact agency within [X] days of assignment completion" or "Employee is required to check in for available assignments upon conclusion of each placement." If your agreement doesn't contain this requirement, the special rule doesn't apply to you.

It Must Be Your Employer

The statute refers to "the individual's employer," but Ohio law is silent on whether this must be your most recent separating employer or merely a base period employer. This ambiguity creates opportunities for defense when the agency wasn't your most recent employer or when you've had intervening employment.

The Timing Matters

The obligation typically triggers "upon the conclusion of each work assignment." This means when one temporary assignment ends, not necessarily when you're laid off or terminated. Understanding this distinction is crucial because the clock starts running when your assignment ends, not when you realize you're unemployed.

The Reality vs. The Requirement

When Agencies Don't Actually Have Work

The most frustrating aspect of this requirement is that you can lose benefits for not checking back even when the agency has no suitable work available. The statute assumes that if you don't contact them, suitable work might have been available, and you lose the benefit of the doubt.

However, this creates a defense opportunity: if you can show the agency had no suitable work during the relevant period, your failure to contact them caused no harm. Document when agencies tell you they have no work, are slow, or are not placing workers in your field.

The "Suitable Work" Standard Still Applies

Even under this special rule, the work must be "suitable" for you. Suitable work generally means work that matches your experience, skills, and previous wage level reasonably well. The agency can't offer you any assignment at any wage and claim you refused suitable work.

If the only available assignments paid substantially less than your previous rate, required skills you don't have, or involved conditions you couldn't meet (like shifts you couldn't work due to childcare), those assignments weren't suitable for you.

Multiple Agency Complications

Many temporary workers are registered with multiple agencies. The statute doesn't clearly address whether you must check back with all of them or just your most recent employer. This ambiguity can work in your favor if you maintained contact with some agencies but not others.

Common Scenarios and How to Handle Them

Scenario 1: The Assignment Ends But You're Told No Work Is Available

When your assignment ends and the agency tells you they have no immediate work, document this communication. Get it in writing if possible—even a text or email saying "no work available right now" protects you. Continue to check back periodically and document each contact.

Scenario 2: The Agency Never Returns Your Calls

If you attempt to contact the agency but can't reach anyone, document every attempt. Keep records of phone calls made, voicemails left, emails sent, and any other attempts to communicate. The statute requires you to contact the employer, not necessarily to have successful contact.

Scenario 3: You're Offered an Unsuitable Assignment

If the agency offers work that isn't suitable—perhaps it pays far less than your usual rate or requires skills you don't have—you can decline without losing benefits. But document why the work wasn't suitable. Keep records of the offer details and your reasons for declining.

Scenario 4: The Agency Says You're Still "Active"

Sometimes agencies claim workers are still "active" on their rolls even when no assignments are available. Being "active" isn't enough—the question is whether suitable work assignments were actually available that you could have obtained by checking in.

Challenging Denials Based on Failure to Check Back

Prove No Suitable Work Was Available

The most effective defense is showing that the agency had no suitable work during the relevant period. Request documentation from the agency about available assignments during the weeks in question. If they can't produce evidence of suitable available work, they can't prove you would have obtained work by checking in.

Question the Contractual Requirement

Challenge whether your employment agreement actually required you to check back. Many agencies have informal expectations but no contractual requirement. If the requirement isn't clearly stated in your employment terms, the special rule shouldn't apply.

Show You Substantially Complied

Even if you didn't follow the check-back requirement perfectly, showing substantial compliance can help. If you checked in weekly instead of daily, or contacted them regularly even if not exactly as specified, argue that you substantially met the requirement.

Document System Failures

If the agency's system for receiving check-ins was broken, understaffed, or otherwise unavailable, document these failures. You can't be penalized for failing to use a system that doesn't work.

Best Practices for Temporary Workers

Read Your Agreement Carefully

Before signing with any temporary agency, read the employment agreement carefully. Look for check-back requirements and understand exactly what's expected. If the requirements are unreasonable or unclear, negotiate changes or seek clarification in writing.

Document Everything

Keep detailed records of every interaction with the agency, including dates and times of calls, who you spoke with, what was discussed, and any assignments offered or declined. Save all texts, emails, and voicemails. This documentation is your protection against unfair denials.

Establish a Check-In Routine

If your agreement requires checking in, establish a routine and stick to it. Set reminders on your phone. Send emails even if calling, as emails create automatic documentation. Make checking in a priority even when you're confident no work is available.

Get Clarification in Writing

When agencies give you information about availability, assignments, or requirements, ask for it in writing. "Could you email me that information?" or "Can you text me those details?" are reasonable requests that create valuable documentation.

Report Your Temp Work Correctly

When filing for unemployment, accurately report your temporary employment status and any ongoing obligations to temp agencies. Being upfront about these relationships helps avoid later complications and accusations of misrepresentation.

Strategic Considerations for Your Appeal

Focus on Suitable Work Availability

At your hearing, shift focus from whether you checked in to whether suitable work was actually available. Ask the employer to identify specific suitable assignments you could have received. If they can't, their case weakens significantly.

Highlight Industry Practices

Explain how temporary staffing actually works in your industry. If agencies typically call workers when assignments become available rather than waiting for check-ins, present this as context for why strict compliance with check-back requirements may be unreasonable.

Emphasize Good Faith Efforts

Show that you were genuinely seeking work, whether through the agency or elsewhere. Your broader job search efforts demonstrate that any failure to check back wasn't due to lack of interest in working but perhaps confusion about requirements or belief that no work was available.

The Bottom Line

Ohio's check-back requirement for temporary workers creates a trap for the unwary, but it's not insurmountable. The key is understanding that this requirement only applies when your employment agreement specifically requires it, suitable work must actually be available for the denial to be valid, and documentation is your best protection against unfair denials.

If you're a temporary worker, treat the check-back requirement seriously, but don't accept denials without scrutiny. Challenge whether the requirement applied to you, whether suitable work was truly available, and whether the agency fulfilled its obligations to you as well.

Remember, the unemployment system exists to support workers between jobs, including temporary workers. While R.C. 4141.29(A)(5) creates an additional hurdle, it doesn't eliminate your rights. With proper documentation and understanding of the law, you can protect your eligibility for benefits even while navigating the complex world of temporary employment.

This blog post is for informational purposes only and does not constitute legal advice. Each case is unique, and you should consult with a Ohio Unemployment Appeal Attorney about your specific situation.