Can I do anything about this ...

[ensignro99]

What is the name of your state? MASS

I was hired as a temp to perm person. I worked from Sept 30th 2007 to Feb 8th 2008. On Feb 5th I was transferred a call from the secretary that she did not know what to do with it. It was a call from someone applying for my job.

I was promised full time work after I completed this and then they changed it to when I completed that and so on. The carrot was hung in front of me. I was never on payroll which means I get no unemployment now.

The new person they hired is on the payroll. Can I do anything about this?

 

[Hot Topic]

You're an employee of the temporary agency that assigned you to that company, not the company itself.

Unless the agency received a commitment in writing that the company would hire you as a permanent employee, there are no grounds for action either by the agency or you. Verbal promises mean zero.

 

[Beth3]

I was never on payroll which means I get no unemployment now. Yes, you were. You were on the payroll of the staffing agency that placed you with this client. You should file for unemployment benefits.

I rather doubt that they guaranteed you that you would be hired following a period of temporary assignment. That may have been their intent had you ,in their judgment, proven to be the right person for the position

 

[ensignro99]

You're an employee of the temporary agency that assigned you to that company, not the company itself.

Unless the agency received a commitment in writing that the company would hire you as a permanent employee, there are no grounds for action either by the agency or you. Verbal promises mean zero.

I am not an employee of any agency. This was between me and the company.

 

[Zigner]

Why were you "never on payroll"?

 

[fairisfair]

I am not an employee of any agency. This was between me and the company.

HUH??? you were hired then, by whom???

The location where you were working?

Who was paying you??

Are you trying to say that you were hired on a 90 day probationary period?

 

[>Charlotte<]

I believe you're saying you were hired by this employer for what was initially a temporary position which was to become a permanent position after certain criteria were met ("after I completed this and then they changed it to when I completed that and so on.")

Are you saying you discovered someone was applying for your job on February 5, and then on February 8 you were fired? Or did you quit? If you were fired, why were you fired? These questions pertain more to whether or not you can receive unemployment. Like the others, I have no idea what you mean by "never on payroll." Were you paid cash, off the books?

With some exceptions, it's not illegal for them to decide to hire someone else, even after giving you the impression that you were eventually supposed to be permanent. There's not enough information to indicate whether any of those exceptions apply to your case. They probably don't.

 

[ensignro99]

Ok, let me clear something up about "not on payroll". What I mean is I was hired on an hourly rate and no benefits - meaning no insurance no nothing.

I had been out of work for several months before hand and when they presented me with this option I took it. Work at an hourly and Bill them at end of the week of every week.

I was told I would be put on full time and that never happened.

 

[ensignro99]

Here are answers to these questions -

HUH??? you were hired then, by whom???
I went ot work for the company. I billed at an hourly rate.

The location where you were working?
Near home.

Who was paying you??
The company I was working at.

Are you trying to say that you were hired on a 90 day probationary period?
I did not think so. I was told that I would be on payroll after I did all the things they wanted me to. I did alot more than they asked. I did the 110% to impress the company which means I worked late nights and some Saturdays and even a Sunday.

 

[ensignro99]

I was never on payroll which means I get no unemployment now. Yes, you were. You were on the payroll of the staffing agency that placed you with this client. You should file for unemployment benefits.

I rather doubt that they guaranteed you that you would be hired following a period of temporary assignment. That may have been their intent had you ,in their judgment, proven to be the right person for the position

By guaranteed, do you mean in writing - NO. They did tell me during the months I worked that I would be hired after another month.

 

[>Charlotte<]

The situation you describe may be unfair, but it's almost certainly not illegal.

Massachusetts is an "at will" state, which means your employment is at the will of both you and your employer and you can be fired (or you can quit) at any time for any reason.

Massachusetts does subscribe to the requirements set forth by the "Covenant of Good Faith and Fair Dealing", which requires you to be treated honestly and ethically and they must show "good cause" for termination, but that is almost always only applicable in the event that you can prove they fired you to avoid a promotion or a bonus, or invented a reason to terminate you or compel you to quit (also known as Constructive Discharge.) This is very hard for an employee to prove, and easy for an employer to defend. Even within the parameters of this covenant, the "Employment At Will" doctrine takes very strong precedence.

 

[ensignro99]

The situation you describe may be unfair, but it's almost certainly not illegal.

Massachusetts is an "at will" state, which means your employment is at the will of both you and your employer and you can be fired (or you can quit) at any time for any reason.

Massachusetts does subscribe to the requirements set forth by the "Covenant of Good Faith and Fair Dealing", which requires you to be treated honestly and ethically and they must show "good cause" for termination, but that is almost always only applicable in the event that you can prove they fired you to avoid a promotion or a bonus, or invented a reason to terminate you or compel you to quit (also known as Constructive Discharge.) This is very hard for an employee to prove, and easy for an employer to defend. Even within the parameters of this covenant, the "Employment At Will" doctrine takes very strong precedence.

Thats what I thought. I haven't a leg to stand on. I took the company and the person at their word and they never came to me saying things were not working out. Instead they put an ad for my job on the Internet and had interviews behind my back. The ethical thing to do is to inform the person before placing an ad for their job.

Thanks for your reply.

 

[ecmst12]

Not getting benefits from the company does NOT mean you can't file for unemployment. As long as you received a paycheck, you can file.

 

[ensignro99]

Not getting benefits from the company does NOT mean you can't file for unemployment. As long as you received a paycheck, you can file.

Thats the problem I can NOT file for unemployment because I never got a pay check. I was handled like a consultant which means I invoiced them and they paid me - like an electric bill not an employee.

 

[eerelations]

That's what you get for allowing yourself to be classified as an independent contractor - you lose all your employment rights.