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Employment concern....?
I just found out from a fellow co-worker that I am going to be let go from work. I work through a temporary agency through the plant and they are training a girl to do my job, and I found out about that also. I worked for a law firm before and I thought that if a company lets you go for lack of work that they can't turn around and hire someone to do the same job you were doing. Is that right? Someone please help.

ADDITION: The person that they are teaching my job also works for the temp agency. I work for a factory that has a temp agency on site that everyone must go through. I do my job really well and the only time I have missed is due to me having surgery.

2007-01-11 11:17:49 · 12 answers · asked by Mommy To Be in April 7 in Politics & Government Law & Ethics

12 answers

check your contract with the temp agency. most have a 3 month clause. they will probably "sub" you out to another company.

2007-01-11 11:21:31 · answer #1 · answered by Anonymous · 1 1

Unfortunately these laws don't apply to a temporary agency employee, you are not the employee of the plant. That is one reason why they use the temporary agency, they can then have more freedom of letting people go, etc. It also keeps the union out. The plant is not under any obligation to employ you etc at all. They can ask for a new employee from the agency for your job at any time. Your surgery isn't a factor at all since again they are not your employer they are basically contracting work through the temporary agency and as such do not have the same obligations to you that are extended to official employees.
Sorry!

2007-01-11 19:43:21 · answer #2 · answered by Wicked Good 6 · 0 0

You are correct IF the excuse that they are using is that the have eliminated that position. A temporary lack of work is different. But, if they tell you they are eliminating the position, you have ground to complain. But, do you really want to do that? It takes a lot of time and money and in the long run, even if you are awarded your job back, do you want to work for someone with the clearly bad feelings that would exist between you. Alternatively, if they are not eliminating your position, which it appears they are not, right or wrong, they feel that you are not performing your job to their standards. Just let the agency place you at a new position and move on.

2007-01-11 19:55:33 · answer #3 · answered by Venice Girl 6 · 0 0

Most states are At-Will employment meaning the employer can let you go at anytime for almost any reason(they can not let you go for reasons of discrimination) and that you can leave them at anytime for any reason. Of course it is more difficult for them to get rid of you if you are a union employee. Since you are contracted through a temp agency, I am willing to bet that you are not apart of a union.

Now I am not sure that it may be some sort of performance issue on your part if they are keeping you on board while someone else is being trained. When performance issues are concerned, employers tend to inform the agency yout services are no longer needed immediately. The client need not give any reason (and many times it is in their best interest not to give a reason). My advice to you would be to contact your agency and inform them that you are aware that your contract my be coming to an end. That way if it was all just a rumor they can look into it and clarify or if it is true, they can work to attempt to find another position for you.

2007-01-11 19:36:49 · answer #4 · answered by Scottee25 4 · 0 1

You work for the Temporary Agency, the company that you are working now could terminate employment for any reasons. Maybe the time you missed, was strike against you. If you are in good terms with the Agency they will try to find another position. Good Luck

2007-01-11 19:34:00 · answer #5 · answered by art_raiders 2 · 1 0

You work for the temp agency not the company. The company can release you no problem.Many companies use the temps so as not to have to pay benefits.But the ones that do that also release the temp and then offer them a job with the company.

2007-01-11 19:30:08 · answer #6 · answered by clueless 2 · 1 0

maybe they didnt like the way you were doing your job...you dont get any perks working through a temp agency...you should just try to find a regular job where you will be an employee

2007-01-11 19:22:11 · answer #7 · answered by dotdotdot 5 · 1 0

Talk to your boss and see if they will tell you why they are letting you go. A employer can hire anyone to do the same job if they feel that you aren't what they are looking for.

2007-01-11 19:23:09 · answer #8 · answered by CctbOh 5 · 1 0

You are employed by the temp agency who "rents" you to the employer.

2007-01-11 19:22:49 · answer #9 · answered by Anonymous · 1 0

That hiring someone else thing is only if you're unionized in most states. Check your state's website to see if there are other laws in effect that would apply to your case. Alternatively, check with your old law firm aquaintances. They may be able to assist you, too.

2007-01-11 19:21:32 · answer #10 · answered by Tad 2 · 1 1

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