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Wrongful Termination?

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jadove

Junior Member
What is the name of your state? South Carolina
My brother was recently employed with a temporary agency that sent him to a moving and storage company. One day after working 15 hours straight he was told that he had to go to another sight and help others move their house. He ended up working 24 hours straight with no break and no meal. Later that day the moving company call his temporary employer and told them that my brother would not work or do was he was asked to do and that were terminatiing him. Now the temporary agency will no longer help him find employment. My brother was no given a chance to defend himself as this came out of the blue. Is there something he can do?
Thank You
jadove
 


Beth3

Senior Member
Look for another job.

It's ridiculous that they scheduled him for 24 hours straight and then term'd him because he (understandably) couldn't perform up to expectations. But that's not illegal.
 

cbg

I'm a Northern Girl
This does not meet the definition of a wrongful termination. A wrongful termination does not mean one which is unfair, unjust unexpected, based on incorrect or inaccurate information, or even, in the majority of cases, one which violates company policy. It does not become a wrongful term unless it is ILLEGAL for the company to fire you for the reason they did. Nothing in your post suggests that he was fired for an illegal reason, even if he disagrees with the company's opinion about his work.

While I'm not saying I agree with the way the moving company handled this, neither Federal nor South Carolina law requires them to give him a break, meal or otherwise, and they are not limited in the number of hours they can require him to work. I'm not saying it's smart, but requiring him to work for 24 hours straight is not illegal either.

Unless he has a bona fide, binding, enforceable contract saying otherwise, the temp agency is NOT obligated to find him another job, regardless of whether the moving company gave them accurate information or not.
 

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