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Never told I was a temp? Is this okay?

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mashley80

Junior Member
Last Wednesday my boss e-mailed me and stated that I would be going from temp to permanent status. However I was never told I was a temp. Then on last Friday my boss gives me a review and rates me low on performance standards which I did not agree to, and then contradicts herself and says that they were not sure if they wanted make me permanent yet. So I would have another review in June. I want to check my rights as I would not have taken this job if I was a temp. Likewise I was told in an email prior that I would be going to permanent status. Is something fishy here? What should I do? I'm afraid as Colorado is an "at will" state. Thanks!
 


swalsh411

Senior Member
Nothing illegal is going on and you have no "rights" to be made perm. The employer is free to rescind their offer to change your status. If you are terminated due to performance issues, file for unemployment.
 

commentator

Senior Member
Let me make sure I understand this. You are a temporary employee of a full time business, right? You are not an employee contracted to work for that business by a "temp service" which is actually your employer, are you? In ohter words, you work for Acme Widgets, not for Staffmart at Acme, right? So another word for this would be that you are a probationary employee? That they are offering to hire you permanently? Remove your probationary status? A temp doesn't actually work for the company where they are placed. There is a big difference.

If you are a temp service employee, the supervisor at Acme doesn't have to do anything except tell Staffmart they don't want to continue your assignment, and you can be out the door, and you would file for unemployment against Staffmart, not against Acme, which was never your employer anyway.

If you are an Acme employee, there is no labor law that says they can't call you a temporary employee for the whole duration of your employment there. They do not have to give you an opportunity to agree or disagree with their evaluations, whether fair or not, and they do not have to keep their own promises to put you on full time. You have the right to quit and find another job "at will."
 

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