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Can I protect myself from a staffing agency?

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Whitneyp

Junior Member
What is the name of your state (only U.S. law)? Louisiana

I just started a new job in which I was hired by a staffing agency. This agency works onsite in a LARGE company and the position I was hired for is a "longterm temporary" position (aka an indefinite job that takes away the company's liability from paying me benefits or unemployment and places it with the agency). I've been working about a month now and the job is great and I've been told by my superiors that they are all very pleased with my performance, the only problem I have thus far is with the staffing agency.

For starters, I am being paid slightly less than the amount I was originally told. Upon seeing my first paycheck when I noticed the amount was different, I called my contact at the staffing agency and was basically told that I was incorrect and I had somehow magically made up the figure I was expecting to be paid. Sadly, I have no written proof of this and have basically resigned myself to write that one off as a loss though I am seriously bothered by the fact that my staffing contact willingly lied to me and gave me a big "who cares" whenever I questioned him. My company supervisor has, however, told me that she can get that straightened out.

The bigger problem is my insurance. Since this job is not classified as a temp job, I am offered group insurance by the staffing agency. Whenever I interviewed for the position I asked my staffing agency contact about the insurance they offered and his words to me were "I don't know anything about the insurance we offer, but we do offer insurance". That answer made me slightly uncomfortable so I pressed him a little more with questions and he finally said "Well I've never been asked anything about the insurance before but it can't be that bad because I havent received any complaints". I REALLY wanted this job, this company is fantastic and to even get my foot in the door there is a total coup so even though I was somewhat worried about the insurance, I happily took the position when it was offered to me.

On my first day of work when I was being oriented, I signed a form in my new hire packet that stated that the staffing agency would pay 50% of the costs of my insurance premium. This was also explained to me by my staffing agency contact who suddenly understood how their benefits were dished out. I was given a website to go to to get an explanation of benefits and to sign up for the insurance package of my choosing. After going to the site I had questions and after two weeks of leaving messages and emailing I finally got someone on the phone to explain the benefits to me. At that time I was told that the previously stated offer of paying 50% of my premiums was not true and that the agency would only be paying $75 a month towards my insurance. This is going to make a HUGE difference in my contribution which will be around double what I was paying for insurance at my last job. The agency is basically saying now that it was some silly clerical error in the paperwork and that they never intended to pay that much.

Are they allowed to do this?

My company supervisor has suggested that I report the agency to the insurance commission or the workforce commission but I fear some kind of retaliation from the agency. My company supervisor also informs me that although I am being paid through the staffing agency that they, not the agency, are the only ones who can decide to terminate my employment or not and that they have a contract with the agency that states that. Do I have any legal recourse to protect myself from this agency if they are penalized for lying about their benefits? I really love this job and I really don't want to rock the boat, but it's not right of this agency to falsely portray benefits like that.

Also, a few other negative and random notes about this agency: After quitting my last job to start work on a date that my agency contact told me I'd be starting, my start date ended up being a week later because of a mistake he made. He did not inform me that my start date had been pushed back, I found this out the day before when I called to ask him where I needed to park on my first day. At orientation he told me that I would never be hired on by this company as a permanent employee because they were no longer hiring any permanent employees, completely contrary to what he told me in the interview. My company supervisor informs me that this is completely false as well.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Louisiana

I just started a new job in which I was hired by a staffing agency. This agency works onsite in a LARGE company and the position I was hired for is a "longterm temporary" position (aka an indefinite job that takes away the company's liability from paying me benefits or unemployment and places it with the agency). I've been working about a month now and the job is great and I've been told by my superiors that they are all very pleased with my performance, the only problem I have thus far is with the staffing agency.

For starters, I am being paid slightly less than the amount I was originally told. Upon seeing my first paycheck when I noticed the amount was different, I called my contact at the staffing agency and was basically told that I was incorrect and I had somehow magically made up the figure I was expecting to be paid. Sadly, I have no written proof of this and have basically resigned myself to write that one off as a loss though I am seriously bothered by the fact that my staffing contact willingly lied to me and gave me a big "who cares" whenever I questioned him. My company supervisor has, however, told me that she can get that straightened out.

The bigger problem is my insurance. Since this job is not classified as a temp job, I am offered group insurance by the staffing agency. Whenever I interviewed for the position I asked my staffing agency contact about the insurance they offered and his words to me were "I don't know anything about the insurance we offer, but we do offer insurance". That answer made me slightly uncomfortable so I pressed him a little more with questions and he finally said "Well I've never been asked anything about the insurance before but it can't be that bad because I havent received any complaints". I REALLY wanted this job, this company is fantastic and to even get my foot in the door there is a total coup so even though I was somewhat worried about the insurance, I happily took the position when it was offered to me.

On my first day of work when I was being oriented, I signed a form in my new hire packet that stated that the staffing agency would pay 50% of the costs of my insurance premium. This was also explained to me by my staffing agency contact who suddenly understood how their benefits were dished out. I was given a website to go to to get an explanation of benefits and to sign up for the insurance package of my choosing. After going to the site I had questions and after two weeks of leaving messages and emailing I finally got someone on the phone to explain the benefits to me. At that time I was told that the previously stated offer of paying 50% of my premiums was not true and that the agency would only be paying $75 a month towards my insurance. This is going to make a HUGE difference in my contribution which will be around double what I was paying for insurance at my last job. The agency is basically saying now that it was some silly clerical error in the paperwork and that they never intended to pay that much.

Are they allowed to do this?

My company supervisor has suggested that I report the agency to the insurance commission or the workforce commission but I fear some kind of retaliation from the agency. My company supervisor also informs me that although I am being paid through the staffing agency that they, not the agency, are the only ones who can decide to terminate my employment or not and that they have a contract with the agency that states that. Do I have any legal recourse to protect myself from this agency if they are penalized for lying about their benefits? I really love this job and I really don't want to rock the boat, but it's not right of this agency to falsely portray benefits like that.

Also, a few other negative and random notes about this agency: After quitting my last job to start work on a date that my agency contact told me I'd be starting, my start date ended up being a week later because of a mistake he made. He did not inform me that my start date had been pushed back, I found this out the day before when I called to ask him where I needed to park on my first day. At orientation he told me that I would never be hired on by this company as a permanent employee because they were no longer hiring any permanent employees, completely contrary to what he told me in the interview. My company supervisor informs me that this is completely false as well.
A temporary staffing agency is just that - an agency that has a bank of temporary employees that they send out to fulfill assignments that they are able to obtain with companies they contract with. Ultimately, however, the company you are assigned to is NOT in charge of you - it is and will always be the staffing agency, unless and until they either do a permanent placement with one of their contract companies, or your assignment is terminated. The staffing agency coordinates the assignments, as they are your employer. Your assignment with the contract company can end one of two ways - the contract company can say they no longer need your services, or your employer can terminate you from their employment entirely - either by their choice or your own.

Ultimately, the terms of your employment and benefits are in the contracts and forms you signed with your staffing agency. If there is a discrepancy between what you were told and what the reality is, then what is written (and what you signed) are what will apply. This especially goes with the insurance benefits. If the staffing agency TOLD you one thing about their contribution to your insurance coverage, and had you sign papers that state differently, you can enforce what is in writing. (I trust that you kept copies of everything you signed? If you didn't, you need to get those ASAP!) And yes, if you rock the boat and try to make them pay for what they agreed to pay, you do run the risk of them terminating your agency employment. You need to decide whether or not it's worth it to you to do that.
 

commentator

Senior Member
My advice to you is that you suck it up and endure the situation. It's nice that your supervisor at the job site, which is all this is, a work site you have been assigned by the temp service, and it's very nice they like you and all, but trust me, they COULD, if they wanted to, hire you as a regular employee. They could also, if they want to, drop a quiet word about your dissatisfaction with the temp service to their contact at the temp service, and the big bad temp service will be the rotten people who dump you, terminate you or move you to another work site.

No matter how much the worksite people make you think they really like you, the biggest thing they have seen you do is go to war with your employer, seen you spend a lot of your on the job time fighting and talking and agonizing about your dissatisfaction with the agency. This is not what you want them to see from you when you have a chance to show yourself in a good light to a prospective employer.

One of the major reasons that companies hire temps, regardless of whether or not they call them long term or special assignment or whatever they are, is to get to know the person thoroughly before they actually make a job offer of long term employment with the actual company.And yes, by the way, to avoid paying them the amount of wages they'd have to pay, making the commitment to them, paying the unemployment taxes, and pretty much dealing with the human element of having to treat the person any way, good or bad. You're a cipher to them. No matter how much a part of the worksite you feel like, or how nice and friendly they are to you.

You have hit the ground complaining to your work site supervisor about your temp agency. You are ready to go to war to demand your promised pay and to call the insurance commission about their supposed insurance benefits. This does not bode well for you, as far as being a person who gets along with the employer. If you think for one moment that your site supervisor will defend you or fight for you if the temp agency decides to transfer you...well, I wouldn't count on it. Remember, if they want to, your work site could make the decision to hire you as a full time. wait until they do to make waves.
 
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Whitneyp

Junior Member
Ok there are some serious assumptions being made about this situation. First of all, that this is some temp agency that has a million other places that they can send me as some kind of punishment if they are dissatisfied with me and that isn't true. Like I said in my original posting, they work onsite at this company and it is their only client so there is nowhere to send me. Secondly the assumption that this company has no power to prevent the agency from attempting to fire me or "move" me isn't true as well. It's not a regular temp job where the agency picks me and just sends me to a worksite. The company interviewed and picked me to work here and I was told by the agency as well as my supervisor that the company decides the tenure of my employment. Thirdly, and most importantly, there is no "war" with this agency. I have not launched some huge campaign against this agency. The people who run my department asked me about my experience with the agency and I told them the day that I put up this posting. Up until that point I had not voiced any opinions about that agency to anyone, including the agency. I certainly wasn't going to lie to the people who can give me permanent employment.
 

Antigone*

Senior Member
Ok there are some serious assumptions being made about this situation. First of all, that this is some temp agency that has a million other places that they can send me as some kind of punishment if they are dissatisfied with me and that isn't true. Like I said in my original posting, they work onsite at this company and it is their only client so there is nowhere to send me. Secondly the assumption that this company has no power to prevent the agency from attempting to fire me or "move" me isn't true as well. It's not a regular temp job where the agency picks me and just sends me to a worksite. The company interviewed and picked me to work here and I was told by the agency as well as my supervisor that the company decides the tenure of my employment. Thirdly, and most importantly, there is no "war" with this agency. I have not launched some huge campaign against this agency. The people who run my department asked me about my experience with the agency and I told them the day that I put up this posting. Up until that point I had not voiced any opinions about that agency to anyone, including the agency. I certainly wasn't going to lie to the people who can give me permanent employment.
Listen carefully: You are an employee of the staffing agency. They can fire you for almost any reason. The company for whom you are performing duties may make request, but they are not your employer.
 

eerelations

Senior Member
The agency doesn't have to send you anywhere. It can just fire you. And while the client company may not like this, there is nothing the client company can do to legally force the agency to keep you on. The client company has no legal force in determining whether or not the agency keeps you on its books. Period.
 

commentator

Senior Member
And people being the way they are, the company will certainly hide behind the staffing agency to do whatever they want done to you. They may loooove you to your face, but if you find yourself terminated, it will not be the regular employer who steps up and protects you from the staffing agency. Even if this is the agency's only client, they still employ you, and this is the way the employer wants to do it, so you really need to get along with the staffing agency until you are hired by the company.
 

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