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Employer won't pay - not a "real" employee

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Junior Member
What is the name of your state (only U.S. law)?

My wife was hired by a company through a temp agency (she technically works for the temp agency - its what is normal in this field of work)

She completed and signed all the applicable forms and sheets from the temp and main company, including drug test, etc.

She was approved by the main company to work and started work yesterday, worked her full day and has worked a half day today, which she was told she needed to stop working mid-day. The main company (not the temp agency) said they didn't get all the necessary paperwork completed (their fault, not hers, they forgot to send some forms), so she is no longer approved to work. The also informed her that since she wasn't an actual employee because all the paperwork was not completed, she would no be paid for her 1.5 days of work.

Is this right? I thought that since she worked time, as agreed she must be paid for that time regardless if the terms change in the future (i.e. it can't be retroactive). In addition, I would think since its entirely their fault (i.e. my wife didn't forgot to fill out forms or something) then they are definitely responsible for her pay. Although it sucks she won't get paid any time while they sort this situation out (which is in their right not to have her work), I am more concerned for her getting paid for work she agreed to do (and get compensation for) AND the company is already utilizing the works she performed (she never agreed to do it for free, obviously, and they benefit for her "free" work right now). Do we have recourse? Is the law on her side? Does the temp agency complicate things?


I'm a Northern Girl
She must be paid by the temp agency for the time she actually worked. Unless she signed a contract expressly guaranteeing how long she would work, she is not entitled to anything beyond the 1.5 days of pay. Whether the client pays the temp agency for her time is not her concern.

WE, however, do not have recourse. If SHE is not paid, then SHE can file a complaint with the TWC.

WE do not do a damned thing.

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