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meddjay

Member
I live in Arizona. I have been hired at two different times through temporary employment agencies and had this same problem happen to me twice but in different ways. The first time I started the training class for the position, the trainer tells us that you have to have a 85% or higher on the mid term and final exam to pass the training class. I got lower scores than 85% for the first test or two but then my tests scores got higher and higher until I was in the 90 percentile. I took the mid term and got 86%, took the final and got 86%. I was given my log in number for the phones and was about to get my schedule when the temporary agency (which has a rep on site), pulled me aside and told me that I was being let go because I had gotten lower than an 85% on the first test or two. I said yes, but I got the required 85% on the midterm and the final exam. The temporary rep said that the trainers requirements were that you must get 85% on ALL the tests. I asked them why they didn't let me go after the first test and the temp rep did not have an answer for me. I called the company myself and tried to speak to the trainers supervisor because I had recieved no call back from the temporary agencies supervisor after my repeated attempts. I finally got a supervisor at the company and they said that they would look into it. I was then called by the temp agency to be told that I was NOT to call them again! So I asked again why I was let go and they said they didn't know.

The second time this happened to me I was hired and again started to attend the training class and the 85 percent thing was brought up again. So I thought ok I learned the first time so I asked the trainer to please clarify what they meant by that. They said you had to have 85% total for all four tests TOTAL. So again I took the first test and did not get 85%, but I thought it would be ok because I sort of have test anxiety and never do very well on the first test but after the first test I always get 90% or higher on all other tests after I see what kind of test the trainer gives. I was pulled aside at the end of the day and was told that the instructor felt I wouldn't do very well in the position and was let go. I told that rep that the instructor had said 85% TOTAL, and I was sure I would do ok on the next test. They said it was out of their hands.

My questions are: Obviously the instructors changed their requirements in midstream so to speak. They started out saying one thing and then changed it. And to further complicate things this is through a temporary agency. Do I have any recourse at all? I do want to make a note on these two positions that I suspect but Im not sure if I can prove and that would be I felt part of the problem was in the first position the instructor was a different color than I am and all the people of the same color was still working after the training, and only people of my color was let go. And its weird because in the second position, it wasn't a color thing but a sex thing. I am a female and the first thing the moring of the test, the only other female was discharged and then I was at the end of the day. The instructor in this position which is typically a male dominated position industry, was really buddy buddy with the guys and ignored or sort of made fun of females during his class. I know the discrimination thing would be really hard to prove because they are just barely boardering on that, but do I have any recourse at all? It seems so blatantly unfair to be able to change the requirements or rules midstream. Thank you for your time.
 


Beth3

Senior Member
The employer was free to change the requirements mid-stream. They can insist, without notice, that everyone score 100% to be employed. What they cannot do however is change requirements so that individuals "test out" BECAUSE of their gender, race, national origin, etc. If you feel that is what happened here (and there seems to be reason to assume that might be the case), you are free to file a complaint of prohibited discrimination with your State's equal rights division or the federal EEOC. This is not required but you may wish to consult with an employment law attorney before proceeding.

If you wish to pursue this, don't delay too long. You have 180 days at the federal level and possibly up to 300 days at the State level. What is an unknown is how long the employer retains those test scores. You don't want to dilly-dally around and then find out the evidence was destroyed by the employer as part of a routine purge.
 

meddjay

Member
Thank you....I will definately look into it! One more question if I may...I told them I wanted my paycheck immediately and they told me by law they have up to 72 hours. They said it would be ready Friday afternoon which would have been the next day after I was let go. I got there and everyone was already gone. Sunday around 5PM will be the 72 hour mark, but they will not be in until Monday, should I make a stink or just move on. It really hurt not having that paycheck on Friday and having to wait until Monday. I feel like I was screwed over twice now, by their blatant disregard for me.
 

cbg

I'm a Northern Girl
They are correct that they legally have three days, and while the summary I checked did not specify I'm willing to bet that they have three BUSINESS days. Nothing in either Federal or Arizona law gives you the right to demand your paycheck immediately.
 

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