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Staffing Agency Screw-up

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HennyBogan

Guest
Here is an interesting situation I recently ran into, and I was wondering if there are any thoughts on this. It is somewhat lengthy, so let me apologize. I am not in dire need of legal assistance, but rather just interested to see what the experts think.

My fiancee's father owns a relatively new (1 year) automotive parts sorting company (OUR COMPANY) at which he used a staffing company to provide him with labor. There was one employee that was just not working out, so he called the staffing agency and was very specific in his direction. He instructed them to let the employee report to work on Friday to finish out the week, and tell her on Monday not to report back to OUR COMPANY, as she was no longer necessary. He re-emphasized the fact that she should not be told about the termination prior to completing her Friday workday.
The staffing agency called her BEFORE work on Friday and told her that she was no longer going to be working for the shop, and that Friday would be her last day.
She reported for work and immediately caused a scene, ranting and carrying on in Spanish with the other employees. The day finished out seemingly without further incident (although she and some other employees were visibly upset). She then left and has not been heard from since.
3 weeks later, one of the parts from the job she was sorting caused an assembly line shutdown at one of our customer's factories. This mistake cost OUR COMPANY $50,000 (which is a HEFTY fine for a small company such as this)
My question is this: under any circumstances, can the staffing agency be held at fault here?

There are a few more things that may be relevant:
1. The part cannot be tracked to HER specifically, but it can be tracked to the 3 employees (HER included) that worked on the job that day.
2. The part contained a VERY obvious defect. So obvious, in fact, that essentially the only way it would have been passed as good, would have been intentional sabbotage.
3. I am asking as an interested third party who has not reviewed the agreement between the Staffing Agency and Our Company

I apologize if this post breaks any of the rules of this forum or is in the wrong place. Please let me know if I have, or if it is, and I will remove it. Once again, I just found this to be an interesting situation that I would share. Comments are welcome but please do not feel any obligation to answer.
 


Beth3

Senior Member
No, the staffing company is not liable for a number of reasons. (1) They're not responsible for the behavior of this employee, (2) the faulty part can't be traced back to this employee, and (3) it can't be proved that she did this intentionally.

When she showed up to work Friday and pitched a fit, what the company owner should have done is shown her the door on the spot. It was stupid to let her stay. The fault is more his than it is the staffing company's.
 

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