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Temp agency termination

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helpinshep

Junior Member
What is the name of your state (only U.S. law)? KY
I started working for a temp agency in Louisville KY back in May. They did a background check, and all the required paperwork. They sent me to a great place to work that is really close to my home so it worked out great. It was a temp to hire position. They called me and said I needed to come in to the Temp office for a drug test before I start working at this job. I drive all the way to the office which is 10-12 miles away and they tell me they made a mistake and I didnt need to come take a drug test after all. So I drove all the way up there and back home for nothing. I worked for the same company they placed me at for 4 months without a single accident or anything so the company started the process of hiring me for them directly. Well the temp service called me the Friday before labor day and asked if I wanted to go in 4 hours early because they needed extra help. I said definitely and jumped up and went straight to work. I was there a hour and the supervisor came up to me and said there was a problem because they didnt tell the temp service they needed people that do the job I do and they sent me home. I called the temp service to find out what was going on and they appoligized for the mix up and said they would pay me the hour I was there plus compensate me for the trouble of having to drive over there and back home then turn around and go back in a few hours. Well on my next check there was no compensation like they promised. I called the office that Thursday and asked where my compensation money was and they changed their minds about paying me for going in. I argued with them for a few minutes on the phone about it, and the next day I was fired. NOW all of a sudden, 4 months later, there is something on my background report and I cant work for them anymore. After they made their money off me working and then a bonus for me staying at the same job for over 90 days they let me go. KNOWING my background check hadnt changed since the day they hired me, can they USE me like that and fire me just because I called them about something they had told me they would do?
 


commentator

Senior Member
Yes, horrible but true, your employer is the temporary service, and they can do pretty much anything they want to with you. The time you worked at the worksite on the day they said they were going to compensate you for...that's the only thing that Wage and Hour can get you paid for. Call them and get it going. They will not be under any obligation to compensate for driving time or frustrations.

If you have not already done so, file at once for your unemployment benefits. As I said, your employer is the temporary service. They've done you a favor by cutting you free. Usually they end your assignment and just continue to mess with you till you quit them, ergo no unemployment benefits.

Now, when you file, you will get to find out what it is in the background check that suddenly showed up when you disagreed with them about reimbursing you. You will tell the unemployment claims taker how you allowed the temp service access to all your background records, and how they allowed you to work for a long period of time before any irregularities became a problem. And how they suddenly cropped up when you displeased them. And they will have to make a response about the reason you were terminated.

If it shows up that you falsified the initial application you filed with the temp service, they can fire you at any time during your employment for this reason, no unemployment benefits likely. But if it's something they found, and you had not lied about it, then they used it later to fire you with...that's better for the home team.

Providing you have enough wages for a claim, there will be an initial decision, then of course there will be an appeal. Temp services HATE to allow anyone to receive benefits and will fight like bloody crazy. Keep pushing this. DO NOT accept any offer they might try to make to put you back to work, unless you want to be toyed with then dropped worse next time.

If I were you, I'd try to speak with my supervisor or the h.r. person on the worksite. But NOT to complain about the temp service, okay? Tell them what has happened to you, ask if you could possibly ever be given an opportunity to apply directly for a position at their place. In any case, I'd try to ask my supervisor there if he/she would be willing to provide me a reference for future jobs, as the temp service certainly isn't going to be a good one for you.
 
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commentator

Senior Member
There is a huge private entity which contracts with employers to deal with unemployment and employment information verification. If you ever have the slightest doubt that your personal information is out there for the whole world to see, and that a group of goofy and often unqualified clerical people aren't poring over it, then you haven't worked for a temp service....because so many of them use this big service nationwide.

Such companies were the bane of my existence in unemployment services, as the process of finding out what really happened in any situation was very similar to an old kindergarten game of "gossip." You tell the third party, who talks to the vendor of services, who calls in someone, who then talks to the client, who then talks to the employee...... And paying their taxes???/ AAaaugh! Farming out your human resources and fiscal services is very stylish right now.

Don't ever tell me all private businesses work better than a governmental agency at doing this stuff. I've seen both!

Thanks for letting me vent. But some temp services are good. The more professional, well staffed and well managed, the less exploitation of workers due to ignorance and pettiness. Unfortunately, in this "employer's market" they are the way to go, for almost all employers. And will probably be the wave of the future. Try me out first, maybe hire me, maybe not.
 
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helpinshep

Junior Member
I've been in contact with the actual company I was working for and they are waiting for their own background check to make a decision. I havent been rude or anything with them because they were not at fault for me being called in when I wasnt suppose to be. Im just hoping I can get this expunged off my record and they will let me return to work.
 

Hot Topic

Senior Member
Agencies are interested in clients, not the temps on their rosters, for the simply reason that the clients pay the bills.

Very few agencies provide benefits. What they usually do is provide a temp with a list of companies that will sell them policies.

If you go to work for the client, the agency will probably be entitled to compensation.
 

commentator

Senior Member
Get what expunged off your record? You were terminated from the temp service. You were employed by the temp service. This isn't going to change.

This isn't in any way connected with the employer. You have no record with them yet. Have you filed for your unemployment yet? This may take a while, and then it may not happen. You need to have back up, in terms of your unemployment. It depends on the way you were working whether the temp service would be reimbursed if you go to work there at the site. Some temps pay their employees one amount, and the company pays the temp service the rest of the amount they would have paid in salary to a full time regular employee. In this case, you won't cost the company anything if they do elect to put you on their payroll.
 

commentator

Senior Member
Get what expunged off your record? You were terminated from the temp service. You were employed by the temp service. This isn't going to change.

This isn't in any way connected with the employer. You have no record with them yet. Have you filed for your unemployment yet? This may take a while, and then it may not happen. You need to have back up, in terms of your unemployment. It depends on the way you were working whether the temp service would be reimbursed if you go to work there at the site. Some temps pay their employees one amount, and the company pays the temp service the rest of the amount they would have paid in salary to a full time regular employee. In this case, you won't cost the company anything if they do elect to put you on their payroll.
 

Hot Topic

Senior Member
Reread your contact with the agency. In all likelihood, the company will have to pay the agency in order for you to become an employee. Agencies don't want to act as providers of opportunities to not only work for clients temporarily but to work for them permanently without receiving any sort of compensation.
 

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